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Charges reported to COPFS under Section 39 of the Criminal Justice and Licensing (S) Act 2010 (R015360)

Thank you for your e-mail in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):

"In the Scottish edition of the Times, on Monday, August 29th, 2016, they reported that in 2013, quoting figures obtained through the FOI Act;-

'Of 1,431 people reported to the authorities for offences relating to section 39 of the Criminal Justice and Licensing (Scotland) Act 2010, just 462 had been convicted. My FOI request is for any available updates of these 2 statistics, i.e.; - 2013-2016."

I must firstly advise that the Crown Office and Procurator Fiscal Service's (COPFS) case management database is a live, operating database. It is designed to meet our business needs in relation to the processing of criminal cases, and the information within it is structured accordingly. We do not have a separate statistical database, and hold only operational data needed for business purposes.

In relation to your request I should clarify that the figures you have quoted relate to charges reported and convicted and not to individual persons. Multiple charges within these figures may relate to one individual.

The information we have provided covers the period 1 April 2013 to 31 March 2016.

Of 4,032 charges reported to COPFS during this period relating to Section 39 of the Criminal Justice and Licensing (Scotland) Act 2010, 3,409 charges were prosecuted and convictions were secured for 2,198 charges.

In relation to the data provided I must highlight that there are 307 charges where proceedings are ongoing which have not yet concluded.

The total number of charges reported will include cases where action was taken against an accused person but an alternative charge was more appropriate or the criminal behaviour was included within the body of another charge for evidential reasons.