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COPFS

Fly Tipping/Littering offences (R016389) July 2017

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

The number of fly tipping offences prosecuted during the years 2014, 2015 and 2016;

The number of littering offences prosecuted during the years 2014, 2015 and 2016;

The number of cases of fly tipping and littering referred to the Procurator Fiscal but not prosecuted during the years 2014, 2015 and 2016.

As your request involves environmental information I have responded under the Environmental Information (Scotland) Regulations 2004 (the EIRs).

Firstly I should explain that 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 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. Where we are able to provide data this data relates to the number of charges reported and not individual cases reported. There may be more than one charge involved in one reported case.

I can advise that the relevant legislation on which we have based our response is as follows:

Fly tipping - Environmental Protection Act 1990, section 33(1)(a)&(6); and

Litter - Environmental Protection Act 1990, section 87(1); and the Civic Government Act 1982, section 92(9).

Instances of fly-tipping can also be prosecuted under sections 33(1)(b) and 87 of the Environmental Protection Act 1990. However, other types of criminal act are also prosecuted under these sections. Accordingly, statistics in relation to these offences do not exclusively relate to fly-tipping and cannot be provided as part of this written answer.

The data we have provided in the tables below cover the annual financial periods from 1 April 2013 to 31 March 2017.

Table 1

This table displays the total number of charges involving this legislation reported to COPFS over the period of your request.

Offence

2013-14

2014-15

2015-16

2016-17

Fly Tipping

370

367

99

109

Litter

1,256

779

518

370

Total charges reported

1,626

1,146

617

479

 

Table 2

This table displays the number of charges involving this legislation where court proceedings were initiated.

 

 

Financial Year Reported

 

Offence

2013-14

2014-15

2015-16

2016-17

Fly Tipping

21

21

14

6

Litter

80

37

26

17

Total

101

58

40

23

 

Table 3

This table displays the number of charges involving this legislation where no court proceedings were initiated and the outcome or current position. For your information Direct Measures include Fines, Warning Letters and Diversion schemes. Direct Measures ensures that those who commit less serious offences are dealt with swiftly and effectively.

There are additionally a number of charges where a decision remains outstanding.

Financial Year Reported

Non Court outcome

2013-14

2014-15

2015-16

2016-17

Fly Tipping

Direct Measure

17

48

22

22

 

No Action

308

290

52

75

 

No Decision

14

7

10

5

 

 

 

 

 

 

Litter

Direct Measure

1,042

656

447

315

 

No Action

131

79

42

37

Total

 

1,512

1,080

573

454

You should be aware that the total number of charges in tables 2 and 3 will not necessarily equate to the total charges reported in table 1 as the total charges reported will also include charges where subsequent action was taken in relation to other charges reported in the case, for example, because the prosecutor took the view that an alternative charge was more appropriate or because details of the charge were included within the body of another charge for evidential reasons.