Written Question · S4W-20820 · Session 4
how many (a) children or young people and (b) adults have been reported to procurators fiscal under section 105 of the Licensing (Scotland…
The question
To ask the Scottish Government how many (a) children or young people and (b) adults have been reported to procurators fiscal under section 105 of the Licensing (Scotland) Act 2005 in each of the last three years, and how many were subsequently (i) prosecuted and (ii) convicted.
The answer
The information relating to charges reported has been provided by Crown Office and Procurator Fiscal Service (COPFS). There are many different forms of action that the Procurator Fiscal can take, including referral to the Children’s Reporter, Fiscal Fines, the imposition of Fiscal Work Orders and other alternatives to prosecution in court. The percentage of charges in which action was taken overall in relation to charges reported is: in 2010-11: 82%, 2011-12: 82% and 2012-13: 78%.
Table 1. Number of charges reported1 to COPFS under Section 105 of the Licensing (Scotland) Act 2005, by age of accused.
Financial Year reported
Age of accused
2010-11
2011-12
2012-13
1. Under 18
64
57
35
2. 18 to 20
149
132
74
3. 21 and over
162
154
144
Total
375
343
253
1. COPFS records the number of individual charges reported to it, not the numbers of cases containing a particular type of crime. A reported case can contain multiple charges of the same type against one or more offenders
(i)(ii) Information in tables 2 and 3 relate to prosecutions and convictions and come from Scottish Government Criminal Proceedings Database.
Table 2. People prosecuted for offences under section 105 of Licensing (Scotland) Act 20051, by age of accused
Age of accused2
2010-11
2011-12
2012-13
1. under 18
1
2
1
2. 18 to 20
32
25
11
3. 21 and over
60
39
38
Total prosecuted3
93
66
50
Table 3. People convicted of offences under section 105 of Licensing (Scotland) Act 20051, by age of accused
Age of accused2
2010-11
2011-12
2012-13
1. under 18
0
2
1
2. 18 to 20
30
24
11
3. 21 and over
59
35
38
Total convicted3
89
61
50
1. Where main offence.
2. The age of each person is calculated as at the date of sentence or acquittal.
3. Court proceedings statistics are based on the year in which the person's case is disposed of. People are counted once for each occasion on which they are proceeded against. If a person is proceeded against more than once on the same day, each proceeding will be counted separately. Where a person is proceeded against for more than one crime or offence in a single proceeding, only the main charge is counted.
Table 1. Number of charges reported1 to COPFS under Section 105 of the Licensing (Scotland) Act 2005, by age of accused.
Financial Year reported
Age of accused
2010-11
2011-12
2012-13
1. Under 18
64
57
35
2. 18 to 20
149
132
74
3. 21 and over
162
154
144
Total
375
343
253
1. COPFS records the number of individual charges reported to it, not the numbers of cases containing a particular type of crime. A reported case can contain multiple charges of the same type against one or more offenders
(i)(ii) Information in tables 2 and 3 relate to prosecutions and convictions and come from Scottish Government Criminal Proceedings Database.
Table 2. People prosecuted for offences under section 105 of Licensing (Scotland) Act 20051, by age of accused
Age of accused2
2010-11
2011-12
2012-13
1. under 18
1
2
1
2. 18 to 20
32
25
11
3. 21 and over
60
39
38
Total prosecuted3
93
66
50
Table 3. People convicted of offences under section 105 of Licensing (Scotland) Act 20051, by age of accused
Age of accused2
2010-11
2011-12
2012-13
1. under 18
0
2
1
2. 18 to 20
30
24
11
3. 21 and over
59
35
38
Total convicted3
89
61
50
1. Where main offence.
2. The age of each person is calculated as at the date of sentence or acquittal.
3. Court proceedings statistics are based on the year in which the person's case is disposed of. People are counted once for each occasion on which they are proceeded against. If a person is proceeded against more than once on the same day, each proceeding will be counted separately. Where a person is proceeded against for more than one crime or offence in a single proceeding, only the main charge is counted.
In the Official Report
No contribution in the Official Report cites S4W-20820 by reference.