Written Question · S6W-21716 · Session 6
Whether it will provide a breakdown of all recorded police warnings classed under "other sexual crimes" in the publication, Criminal procee…
The question
To ask the Scottish Government whether it will provide a breakdown of all recorded police warnings classed under "other sexual crimes" in the publication, Criminal proceedings in Scotland statistics, using the Scottish Government Justice Directorate's crime code descriptions, in each period from 2018-19 to 2020-21.
The answer
The Criminal Proceedings in Scotland statistics reported 38 recorded police warnings for ‘other sexual crimes’ over 2018-19 to 2020-21. All but one of them relate to breaches of Section 127 (1) of the Communications Act 2003, which has the crime code description of Communications Act 2003 (Sexual). Whist the remaining case was for a different crime, Police Scotland have confirmed this was a data error and didn’t receive a recorded police warning.
Under Section 127 (1) of the Communications Act, it is an offence to send by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or to cause any such message or matter to be sent. When recording these offences, police officers judge whether the content of the communication is sexual or non-sexual in nature. If the former it will be recorded as a Communications Act (2003) sexual crime, within the ‘other sexual crimes’ category. If non-sexual, it will be recorded as a general post office / telecommunications offence.
During 2018-19 to 2020-21, over one thousand (1,071) recorded police warnings were issued for non-sexual breaches of Section 127 (1). In reviewing their data on recorded police warnings, Police Scotland have identified that a small proportion of those far more voluminous non-sexual offences have mistakenly been classified as sexual breaches of Section 127 (1). This was the case for 17 of the 18 warnings included in the 2020-21 statistics under the ‘other sexual crimes’ category, which should instead have been recorded as non-sexual breaches. Whilst the remaining incident was for a sexual breach of Section 127(1), it has been confirmed a different disposal was given to a recorded police warning.
Based on the above, it is therefore likely there have been no recorded police warnings issued for an ‘other sexual crime’ over 2018-19 to 2020-21.
The next Criminal Proceedings in Scotland National Statistics (for 2021-22) will be published on 24 October. Scottish Government statisticians have worked with Police Scotland to ensure the data on recorded police warnings in 2021-22 reflects the true position, as a result of actions taken by the latter to rectify the above issue. We will also amend the previously published 2020-21 bulletin to (i) urge user caution when interpreting the recorded police warning figures for sexual crimes and (ii) highlight that revised data for 2020-21 will be produced following publication of the 2021-22 statistics.
Under Section 127 (1) of the Communications Act, it is an offence to send by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or to cause any such message or matter to be sent. When recording these offences, police officers judge whether the content of the communication is sexual or non-sexual in nature. If the former it will be recorded as a Communications Act (2003) sexual crime, within the ‘other sexual crimes’ category. If non-sexual, it will be recorded as a general post office / telecommunications offence.
During 2018-19 to 2020-21, over one thousand (1,071) recorded police warnings were issued for non-sexual breaches of Section 127 (1). In reviewing their data on recorded police warnings, Police Scotland have identified that a small proportion of those far more voluminous non-sexual offences have mistakenly been classified as sexual breaches of Section 127 (1). This was the case for 17 of the 18 warnings included in the 2020-21 statistics under the ‘other sexual crimes’ category, which should instead have been recorded as non-sexual breaches. Whilst the remaining incident was for a sexual breach of Section 127(1), it has been confirmed a different disposal was given to a recorded police warning.
Based on the above, it is therefore likely there have been no recorded police warnings issued for an ‘other sexual crime’ over 2018-19 to 2020-21.
The next Criminal Proceedings in Scotland National Statistics (for 2021-22) will be published on 24 October. Scottish Government statisticians have worked with Police Scotland to ensure the data on recorded police warnings in 2021-22 reflects the true position, as a result of actions taken by the latter to rectify the above issue. We will also amend the previously published 2020-21 bulletin to (i) urge user caution when interpreting the recorded police warning figures for sexual crimes and (ii) highlight that revised data for 2020-21 will be produced following publication of the 2021-22 statistics.
In the Official Report
No contribution in the Official Report cites S6W-21716 by reference.