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COPFS

Persons prosecuted for smuggling illegal immigrants (R015613)


 Thank you for your request dated 13 March 2017 under the Freedom of Information Act 2000 for the undernoted information:

"1. Records of the number of people prosecuted for smuggling illegal immigrants into Scotland, for the period beginning 1 January 2012 to present.

2. I would like the information in CSV file format listing:

o the date of prosecution.

o The nationality of the person prosecuted.

o Whether the prosecution resulted in a conviction."

Please be aware that we are responding to your request under the Freedom of Information (Scotland) Act 2002 (FOISA).

In order to produce the information you have requested, we have searched for charges submitted to COPFS under the Immigration Act 1971, Section 25.

The Crown Office and Procurator Fiscal Service's 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 database, and hold only operational data needed for business purposes.

I can advise that the information provided relates to the number of charges prosecuted which have been reported to COPFS under the Immigration Act 1971, Section 25 for the period requested. You should be aware that one or more charge may relate to the same accused person.

I attach below a table which provides the information on the number of those charges reported during the time period requested which were prosecuted and the outcome of those prosecutions.

Information on nationality of the accused is not available in respect of all the charges reported and we do not consider it appropriate to provide incomplete information. In addition, I consider this information to be exemption under Section 38(1)(b) of FOISA (personal information). This is because the numbers are small enough that this information, when taken along with the information which has already been provided could lead to identification of the persons involved. This information would be personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 of the Data Protection Act 1998. This is an absolute exemption and I am not required to apply the public interest test.

I note that you requested dates of prosecution of each charge, however, I consider the exemption under Section 38(1)(b) (personal information) of FOISA applies to the information which is held. This is because the numbers are small enough that this information, when taken along with the information which has already been provided, could lead to identification of the persons involved. This information would be personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 of the Data Protection Act 1998. This is an absolute exemption and I am not required to apply the public interest test. I have provided the prosecutions broken down by the financial year in which the charge was reported.
 pdfR015613 Table183.11 KB