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COPFS

Prosecutions regarding the Section 127 (1) (a) of the Communications Act 2003, since 2013 (R015707)

Thank you for your request dated 27 March 2017 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:

"How many convictions have been obtained in Scottish Courts, since 2003, in relation to Section 127 (1) (a) of the Communications Act 2003?

How many prosecutions are pending, in Scottish Courts, in relation to Section 127 (1) (a) of the Communications Act 2003?

Can you please also provide me with all communications between the Scottish Government and the Crown (also known as The Crown and Procurator Fiscal Service - COPFS) with regard to consideration of Prosecutions under Section 127 (1) (a) of the Communications Act 2003, since 2013."

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.

With regard to your query about convictions, statistical information about prosecutions can be extracted more easily from the Scottish Government Justice Department's Court Proceedings Database which is designed to provide statistical information. It contains information about cases prosecuted in all Courts and can provide information either at the level of the specific offence or by certain broader groupings of offences (eg crimes of violence, crimes of dishonesty, offences involving drugs etc). You can contact the Scottish Government Justice Depart at mailto:This email address is being protected from spambots. You need JavaScript enabled to view it. or on 0131 244 2228.The Scottish Court and Tribunals Service (SCTS) should be able to provide information on how many prosecutions are pending in Scottish Courts and I attach a link to the relevant page of their website for your information:

http://www.scotcourts.gov.uk/about-the-scottish-court-service/contact-us/freedom-of-information

In respect of your request for all communications between the Scottish Government and COPFS with regard to consideration of Prosecutions under Section 127(1)(a) of the Communications Act 2003 since 2013, I can advise that on 14 March 2014 Scottish Government officials copied in COPFS officials in relation to an email from UK Government officials seeking COPFS views on prosecution policy in relation to time limits on prosecutions for section 127 of the Act. On 26 November 2014 there was further correspondence. Again Scottish Government officials copied in COPFS to an email from UK Government officials confirming that the commencement of then clause 51 of the Criminal Justice and Courts Bill which amended section 127 of the Communications Act 2003  would be by commencement order 2 months from Royal Assent.