FOI/202600503821 · FOI · released
Children and Young Persons (Scotland) Act 1937 and Criminal Justice and Licensing (Scotland) Act 2010 charges and convictions: FOI release
Information requested
1) The number of charges brought under Section 12 of the Children and Young Persons (Scotland) Act 1937 from 2010 until present.
2) The number of convictions under Section 12 of the Children and Young Persons (Scotland) Act 1937 from 2010 until present.
3) The number of charges brought under Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 characterised or recorded as a course of conduct, rather than a single incident from 2010 until present.
4) The number of convictions under Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 characterised or recorded as a course of conduct, rather than a single incident from 2010 until present.
Response
I enclose a copy of some of the information you requested.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. The reasons why we don't have the information are explained below.
This is a formal notice under Section 17(1) of FOISA that the Scottish Government does not have part of the information you have requested.
Data on people prosecuted and convicted in Scottish courts is published as part of Criminal Proceedings in Scotland statistics. This data counts people by main charge. The main charge is the one that conferred the most severe penalty. Data are published by financial year, with the most recent publication covering the 10 years from 2014-15 to 2023-24. When a crime may be either a single incident or a course of conduct this is not distinguished in our data. Since data are by financial year and the most recent data are for 2023-24 we can only provide it for 2009-10 to 2023-24. Since our data counts people not charges we cannot provide data at charge-level. Since this data does not distinguish between a single incident and a course of conduct we cannot provide this breakdown.
The data we are able to provide is shown in the table below. In interpreting this data please bear in mind:
There are no prosecutions under the Criminal Justice and Licensing (Scotland) Act 2010 in 2009-10 as this predates the implementation of the act and data from 2010-11 represents only a partial year under the act. Data from 2020-21 onwards were affected by the pandemic, including: court closures, reduced court capacities due to physical distancing measures, delays to cases where key participants were forced to self-isolate following positive COVID-19 tests and re-prioritisation of cases to deal with the resulting backlogs. Data from this period should not be considered indicative of long term trends. Data are by main charge, which is the charge that confers the most severe penalty.
Table People prosecuted and convicted in Scottish courts of a main charge under Section 12 of the Children and Young Persons (Scotland) Act 1937 or Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010, 2009-10 to 2023-24
Section 12 of the Children and Young Persons (Scotland) Act 1937 Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 Prosecutions Convictions Prosecutions Convictions 2009-10 163 124 . . 2010-11 184 145 1,188 1,095 2011-12 182 153 8,049 6,999 2012-13 154 114 11,356 9,915 2013-14 170 124 13,749 11,661 2014-15 179 130 15,961 13,503 2015-16 157 124 16,838 14,220 2016-17 151 106 15,951 13,602 2017-18 123 94 14,011 12,168 2018-19 129 101 12,479 10,868 2019-20 102 79 11,802 10,400 2020-21 82 72 7,134 6,660 2021-22 122 101 9,922 8,814 2022-23 213 164 11,625 10,156 2023-24 152 121 10,599 9,475
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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
Information requested 1) The number of charges brought under Section 12 of the Children and Young Persons (Scotland) Act 1937 from 2010 until present. 2) The number of convictions under Section 12 of the Children and Young Persons (Scotland) Act 1937 from 2010 until present. 3) The number of charges brought under Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 characterised or recorded as a course of conduct, rather than a single incident from 2010 until present. 4) The number of convictions under Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 characterised or recorded as a course of conduct, rather than a single incident from 2010 until present. This is a formal notice under Section 17(1) of FOISA that the Scottish Government does not have part of the information you have requested.
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