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FOI/202200334105 · FOI/EIR · unclear

Prosecutions brought for breach of Protection of Wild Mammals Act: EIR release

Published
2023-01-17
Received
2022-12-12
Responded
2023-01-09
Directorate
Safer Communities Directorate
Topic
Public sector
Exemptions
None detected

Information requested

The number of prosecutions brought for breach of Protection of Wild Mammals Act since it was passed and in particular the number/percentage of cases where there was not a conviction held against the defendant, be it for the case being dismissed or the defendant not being found guilty.

Response

The answer to your question is provided in the table below. The Protection of Wild Mammals (Scotland) Act 2002 was passed by the Parliament on 13 February 2002 and received Royal Assent on 15 March 2002 with the first concluded cases appearing in Criminal Proceedings in Scotland data for the financial year 2003-04. Number of people proceeded against under the Protection of Wild Mammals (Scotland) Act 2002, where main charge, 2003-04 to 2020-21.

Financial Year Proceedings Not guilty¹ Not guilty % 2003-04 3 1 33 2004-05 3 1 33 2005-06 24 8 33 2006-07 17 9 53 2007-08 15 9 60 2008-09 8 2 25 2009-10 10 3 30 2010-11 9 6 67 2011-12 5 5 100 2012-13 11 4 36 2013-14 9 4 44 2014-15 3 1 33 2015-16 5 2 40 2016-17 8 - - 2017-18 4 - - 2018-19 6 4 67 2019-20 - - - 2020-21 1 - -

1 - includes Plea not guilty accepted, Deserted simpliciter, Acquitted not guilty and Acquitted not proven. Source: Scottish Government Criminal Proceedings database

Data for 2020-21 are affected by the pandemic and subsequent court closures and may not be indicative of long term trends. The latest available data are for 2020-21. Information for 2021-22 will not be available until publication of the Criminal Proceedings in Scotland, 2021-22 Statistical Bulletin. This is due to be published in 2023. For future interest, the data on the number of people proceeded against in Scottish Courts for wildlife offences is also available from the Wildlife Crime Annual Report. The latest report can be accessed here (please see Appendix 3).

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Contact Please quote the FOI reference Central Enquiry Unit Email: ceu@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrews House Regent Road Edinburgh EH1 3DG

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