Thank you for your e-mail in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):
"To request the number of prosecutions in Scotland under the Psychoactive Substances Act since it came into force on May 26, 2016, and to request breakdown of any such cases in terms of offence type and date."
I can advise that as at 15 May 2017 which was the date the data was extracted from our electronic system 16 prosecutions have been raised in relation to charges under this Act.
The following is a breakdown of the offence type and numbers of prosecutions raised per offence type.
I am unable to provide you with the offence dates as requested as I have concluded that this information is exempt from release under section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA). This exemption applies because the numbers of charges involved is sufficiently small and to release this information could lead to the identification of the accused persons. This information would be personal data of third parties and disclosing it would contravene the data protection principles in Schedule 1 of the Data Protection Act 1998. This is an absolute exemption and is not subject to the public interest test.