Written Question · S4W-20456 · Session 4
Further to the answer to question S4W-18425 by Roseanna Cunningham on 4 December 2013, whether it will provide the information broken down …
The question
To ask the Scottish Government, further to the answer to question S4W-18425 by Roseanna Cunningham on 4 December 2013, whether it will provide the information broken down by people who have sought protection using the criminal courts.
The answer
The number of people who have sought protection under the Protection from Harassment Act 1997 using the criminal courts is not held by the Scottish Government.
The available information held by the Scottish Court Service is given in the following table:
Financial Year
Number of Non-Harassment Orders Issued in Scotland during criminal proceedings
2008-09
33
2009-10
47
2010-11
49
2011-12
101
2012-13
183
Figures relate to JP Courts, Sheriff Courts and High Courts.
The Scottish Court Service uses a live operational case management system for the processing of court business. The information held on the system is structured for these operational needs, rather than for statistical reporting or research purposes. The information provided is based on the best information available from the case management system as at 3 April 2014.
Non-harassment orders in criminal instances are at the request of the Procurator Fiscal Depute in court and at the presiding Sheriff's discretion. They may not be a final disposal and may only be on an interim basis.
This data relates to the total number of orders issued in Criminal Courts. The numbers are not directly comparable with those provided in the previous parliamentary question, which was based on the number of orders granted where this was the main crave within the writ.
The Criminal Justice and Licensing (Scotland) Act 2010 amended provision relating to non-harassment orders granted following a conviction for a criminal offence involving harassment, to enable the court to take account of previous convictions, and to remove the requirement for there to have been a ‘course of conduct’ of harassment in such circumstances.
The available information held by the Scottish Court Service is given in the following table:
Financial Year
Number of Non-Harassment Orders Issued in Scotland during criminal proceedings
2008-09
33
2009-10
47
2010-11
49
2011-12
101
2012-13
183
Figures relate to JP Courts, Sheriff Courts and High Courts.
The Scottish Court Service uses a live operational case management system for the processing of court business. The information held on the system is structured for these operational needs, rather than for statistical reporting or research purposes. The information provided is based on the best information available from the case management system as at 3 April 2014.
Non-harassment orders in criminal instances are at the request of the Procurator Fiscal Depute in court and at the presiding Sheriff's discretion. They may not be a final disposal and may only be on an interim basis.
This data relates to the total number of orders issued in Criminal Courts. The numbers are not directly comparable with those provided in the previous parliamentary question, which was based on the number of orders granted where this was the main crave within the writ.
The Criminal Justice and Licensing (Scotland) Act 2010 amended provision relating to non-harassment orders granted following a conviction for a criminal offence involving harassment, to enable the court to take account of previous convictions, and to remove the requirement for there to have been a ‘course of conduct’ of harassment in such circumstances.
In the Official Report
No contribution in the Official Report cites S4W-20456 by reference.