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Criminal Law (Consolidation) (Scotland) Act 1995

20 December 2012

FOI REQUEST: Criminal Law (Consolidation) (Scotland) Act 1995

Thank you for your letter dated 20 November 2012 under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you requested:

"The number, broken down year by year, of the Summary Complaints, and separately the number prosecuted on indictment (separated into those prosecuted in the High Court and the Sheriff Court), since 1995, charging accused people with offences under the following sections:-

  • Section 11(4) of the Criminal Law (Consolidation) (Scotland) Act 1995;
  • Section 11(1) (a) of the Criminal Law (Consolidation) (Scotland) Act 1995;
  • Section 11(5) (a) of the Criminal Law (Consolidation) (Scotland) Act 1995;
  • Section 11(6) of the Criminal Law (Consolidation) (Scotland) Act 1995."

It may help to explain that COPFS uses a live operational case management system, specifically designed to receive criminal and death reports from the police and other specialist reporting agencies and to manage the cases for prosecution purposes. The information held on the system is structured for these operational needs, rather than for statistical reporting or research purposes.

The table below provides the information we hold. We can only provide information from 2002/03 as our database only holds full and consistent information from this date onwards. The table relates to the number of charges taken forward as indictments or summary complaints.

S11 (6) of the Criminal Law (Consolidation) (Scotland) Act 1995 states the penalties for contraventions of S11 (5), and as such there are no discrete offences for contraventions of S11 (6). Instead some charges refer to S11 (5) (a) (6) and S11 (5) (b) (6), as noted in the table.

Table: Charges under Criminal Law (Consolidation) (Scotland) Act 1995 that have been prosecuted by the Crown Office and Procurator Fiscal Service.



Charge

Financial year reported

2002-03

2003-04

2004-05

2005-06

2006-07

2007-08

2008-09

2009-10

2010-11

2011-12

Indict - High Court

Criminal Law (Consolidation) (Scotland) Act 1995 S11(1)(a) - Immoral earnings - Male

-

-

-

1

-

-

-

-

-

2

Criminal Law (Consolidation) (Scotland) Act 1995 S11(4) - Immoral earnings - Female

2

-

-

1

-

-

-

-

-

1

Criminal Law (Consolidation) (Scotland) Act 1995 S11(5)(a)(6) - Manage immoral house

-

-

-

-

-

-

-

2

-

3

Criminal Law (Consolidation) (Scotland) Act 1995 S11(5)(b)(6) - Tenant, occupier of immoral house

-

-

-

-

-

-

-

1

-

-

Total

2

-

-

2

-

-

-

3

-

6

Indict - Sheriff & Jury

Criminal Law (Consolidation) (Scotland) Act 1995 S11(1)(a) - Immoral earnings - Male

-

4

2

-

-

-

2

1

3

1

Criminal Law (Consolidation) (Scotland) Act 1995 S11(4) - Immoral earnings - Female

-

-

-

-

1

1

-

-

1

-

Criminal Law (Consolidation) (Scotland) Act 1995 S11(5)(a)(6) - Manage immoral house

-

-

1

-

-

2

3

-

-

4

Criminal Law (Consolidation) (Scotland) Act 1995 S11(5)(b)(6) - Tenant, occupier of immoral house

-

-

-

-

1

-

1

1

-

2

Total

-

4

3

-

2

3

6

2

4

7

Summary Complaint

Criminal Law (Consolidation) (Scotland) Act 1995 S11(1)(a) - Immoral earnings - Male

3

1

2

2

2

1

2

3

-

-

Criminal Law (Consolidation) (Scotland) Act 1995 S11(4) - Immoral earnings - Female

2

-

3

-

1

2

3

3

-

-

Criminal Law (Consolidation) (Scotland) Act 1995 S11(5)(a)(6) - Manage immoral house

5

7

10

1

13

13

18

33

29

7

Criminal Law (Consolidation) (Scotland) Act 1995 S11(5)(b)(6) - Tenant, occupier of immoral house

2

-

2

-

-

4

8

15

1

4

Criminal Law (Consolidation) (Scotland) Act 1995 S11(5)(c)&(6) - Agent of lesser/landlord party to use of premises as immoral house

-

1

-

-

-

-

-

-

-

-

Criminal Law (Consolidation) (Scotland) Act 1995 S11(5)(c)&(6) - Lessor/Landlord party to use of premises as immoral house

1

-

-

-

-

-

-

-

-

-

Total

13

9

17

3

16

20

31

54

30

11