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FOI/202500495415 · FOI · unclear

Classification of Torture civil or criminal liability: FOI release

Published
2026-02-10
Received
2025-11-24
Responded
2025-12-02
Directorate
Justice Directorate
Topic
Law and order, Public sector
Exemptions
13

Information requested

Whether torture is a civil or criminal offence.

Response

The answer to your question is that there is a criminal offence of torture at section 134 of the Criminal Justice Act 1988. Depending on the circumstances, conduct amounting to torture may also be prosecuted using a range of other criminal offences including, most obviously, assault.

It should be noted that it may also be possible for a victim of torture to bring a civil action for damages against the individual(s) or organisation responsible.

About FOI

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Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG

Detected exemption language

Response The answer to your question is that there is a criminal offence of torture at section 134 of the Criminal Justice Act 1988.

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