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FOI/201900001838 · FOI · unclear

Prosecutions and Convictions for 'Upskirting' 2011-2019: FOI request

Published
2019-06-24
Received
2019-05-30
Responded
2019-06-19
Directorate
Safer Communities Directorate
Topic
Law and order, Public sector
Exemptions
43, 9, 9(1)

Information requested

How many prosecutions and convictions there have been under s.43 Criminal Justice and Licensing (Scotland) Act 2010 which amended s.9 Sexual Offences (Scotland) Act 2009 on "upskirting" between 2011-2019.

Response

The amendment to section 9 of the Sexual Offences (Scotland) Act 2009 provided for offences of 'upskirting' to be prosecuted under subsections (4A) and 4(B). The answer to your question is provided in the following table where these offences were the main charge. Please note that the latest available data is for the financial year 2017-18. Data for 2018-19 will be available at the end of 2019 following publication of the 'Criminal Proceedings in Scotland 2018-19' statistical bulletin.

People prosecuted under s9(4A)&(4B) of the Sexual Offences (Scotland) Act 2009, where main charge, 2011-12 to 2017-18

Main charge 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 Total prosecuted: of which all resulted in a conviction 2 2 4 1 4 3 3 SECTION 9(1)&(4A) 1 1 3 - 4 1 2 SECTION 9(1)&(4B) 1 1 1 1 - 2 1 People receiving a non-court disposal: of which were Fiscal Warnings SECTION 9(1)&(4A) - 1 - - 1 - -

Source: Scottish Government Criminal Proceedings database

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

Detected exemption language

Information requested How many prosecutions and convictions there have been under s.43 Criminal Justice and Licensing (Scotland) Act 2010 which amended s.9 Sexual Offences (Scotland) Act 2009 on "upskirting" between 2011-2019. Response The amendment to section 9 of the Sexual Offences (Scotland) Act 2009 provided for offences of 'upskirting' to be prosecuted under subsections (4A) and 4(B). People prosecuted under s9(4A)&(4B) of the Sexual Offences (Scotland) Act 2009, where main charge, 2011-12 to 2017-18 Main charge 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 Total prosecuted: of which all resulted in a conviction 2 2 4 1 4 3 3 SECTION 9(1)&(4A) 1 1 3 - 4 1 2 SECTION 9(1)&(4B) 1 1 1 1 - 2 1 People receiving a non-court disposal: of which were Fiscal Warnings SECTION 9(1)&(4A) - 1 - - 1 - - Source: Scottish Government Criminal Proceedings database About FOI The Scottish Government is committed to publishing all information released in response to Freedom of Information requests.

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