Criminal Proceedings in Scottish Courts, 2002

CRIMINAL PROCEEDINGS IN SCOTTISH COURTS, 2002

7 Sentencing ( Tables 7 to 12)

Custodial sentences

7.1 The overall number of convictions resulting in a custodial sentence in 2002 increased by 1 per cent to 16,800, with a 6 per cent increase (to 13,100) for offenders aged 21 and over and a 14 per cent decrease (to 3,700) for younger offenders. As a proportion of all sentences, the use of custody has generally increased over the last decade, rising from 9 per cent in 1993 to 13 per cent in 2002. This upward trend was observed for most types of crime and offence, though as noted before this will in part be influenced by the increased use of alternatives to prosecution for the less serious cases.

7.2 Custody is the most frequently used penalty for most types of crime involving violence. Excluding homicide and rape and attempted rape, the categories with the highest proportions of convictions resulting in a custodial sentence in 2002 were robbery (67 per cent), housebreaking (51 per cent) and serious assault (49 per cent). Thirty-nine per cent of all custodial sentences were imposed on persons convicted for crimes of dishonesty in 2002 compared with 46 per cent in 1993.

7.3 The average length of determinate custodial sentences over the last decade has been a little over seven months. Over half (55 per cent) of all custodial sentences in 2002 were for three months or less; 82 per cent were for six months or less. The average length of determinate custodial sentences was around seven months because of the effect of the relatively small number of long sentences. Crimes of violence were the most likely to attract long custodial sentences. Just over 1 per cent of custodial sentences for crimes of dishonesty were for over two years whereas the corresponding proportions for non-sexual crimes of violence and crimes of indecency were 40 per cent and 49 per cent respectively. In 2002, drug offences accounted for 25 per cent of all custodial sentences of four years or more.

Chart 4: Index of penalties imposed, 1993-2002 (1993=100)

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Chart 5: Average sentence length (excluding indeterminate sentences) and per cent sentenced to custody by type of crime or offence, 2002

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Community sentences

7.4 The total number of convictions resulting in a community sentence in 2002 totalled 15,200, an increase of 12 per cent compared with 2001. Over the last ten years, the use of community sentences has increased both in absolute numbers and as a proportion of all sentences imposed by the courts: they accounted for 12 per cent of all sentences in 2002 compared with 7 per cent in 1993.

7.5 The number of convictions resulting in a probation order was 9,200 (12 per cent more than in 2001), including 1,300 sentences of probation with a requirement that the offender shall perform unpaid work. The proportion of convictions resulting in an offender being placed on probation was highest for lewd and indecent behaviour (42 per cent) followed by "other violence" (32 per cent) and fire-raising (22 per cent).

7.6 The number of convictions in 2002 resulting in a community service order was 5,000, an increase of 3 per cent compared with 2001, but lower than the annual average of 5,300 recorded during the 1990s. Since April 1991, community service orders may only be imposed where otherwise the court intended to impose a custodial sentence. Probation with a requirement that the offender shall perform unpaid work is not so specifically targeted as an alternative to custody. As noted above, such disposals, which numbered 1,300 in 2002, are included within the figures given for probation in this bulletin. In 2002, the categories with the highest proportion of convictions resulting in a community service order were serious assault (18 per cent of convictions), indecent assault (16 per cent) and fire-raising (14 per cent). The average length of community service order imposed in 2002 was 153 hours.

7.7 Other forms of community sentence were available to courts in a number of pilot areas in 2002. They featured in a relatively small number of convictions, and included restriction of liberty orders (495) and drug treatment and testing orders (DTTOs) (448). The average length of DTTO imposed was 21 months.

Financial penalties

7.8 Between 1993 and 2002, the use of fines, the most common main penalty imposed by courts, fell both absolutely and as a proportion of all penalties imposed. This is, in part, a result of those offences most likely to be punished by fines increasingly being dealt with outside the court, for example by police conditional offers or "fiscal fines". Fines were the main penalty imposed in 62 per cent of convictions in 2002, one percentage point down on the proportion in 2001 and 10 percentage points below the 72 per cent figure recorded for 1993. In 2002, a fine was the most frequent penalty imposed in convictions for motor vehicle offences (89 per cent), breach of the peace (64 per cent) and common assault (51 per cent). Although less commonly used for crimes, a fine was still the main penalty in around half of convictions for "other" crimes of indecency (47 per cent), fraud (56 per cent), drug offences (62 per cent) and vandalism (57 per cent).

7.9 Excluding cases where a company was fined, the average fine imposed by courts in 2002 was 200, an increase of 6 per cent compared with the average in 2001. Thirty-two per cent of all convictions resulting in a fine in 2002 were for over 200; 12 per cent were for 50 or less.

7.10 Other financial penalties were used much less frequently. Compensation orders, used as a main penalty, totalled 1,300 in 2002. They were most often used in addition to another penalty, generally a fine. In 2002, a total of 7,700 compensation orders were imposed as either a main or secondary penalty, a 27 per cent increase compared with 2001. Compensation was ordered in 6 per cent of convictions in 2002, most frequently in convictions for vandalism (48 per cent of such convictions). The average value of compensation order awarded was 220 in 2002.

Other sentences

7.11 In 2002, admonishment or the use of caution was the main penalty in 10 per cent of convictions, similar to the proportion in previous years. This type of sentence was a relatively frequent outcome in convictions for the "other" violence category (25 per cent of convictions), crimes against public justice (24 per cent), "other" crimes of indecency (22 per cent) and breach of the peace (19 per cent). Orders to find caution - where the offender is required to pledge a sum of money subject to their subsequent good behaviour - were rarely used, accounting for only 35 main penalties in 2002.

Chart 6: Average fine and per cent fined by type of crime or offence, 2002

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Sentencing by sex and age of offender

7.12 The pattern of penalties imposed in 2002 varied with the age and gender of the offender. In part this is likely to reflect the different patterns of offending and conviction histories of the different groups of offenders. While males accounted for 85 per cent of all convictions in 2002, they represented 93 per cent of custodial convictions. Females accounted for 15 per cent of all convictions but for 25 per cent of other sentences (mainly admonishment).

7.13 The overall increase of 1 per cent in the number of custodial sentences between 2001 and 2002 comprised increases of 6 per cent (to 12,200) for adult males and 10 per cent (to 900) for adult females. This was partly offset by decreases of 13 per cent (3,400) for younger males and 24 per cent (to 250) for younger females.

7.14 Between 2001 and 2002, the number of convictions resulting in a community sentence increased by 10 per cent (to 12,600) for males and by 25 per cent (to 2,600) for females. For all those given community or custodial sentences, the overall proportion given custody fell from 59 per cent in 1993 to 47 per cent in 2002. From the mid 1990s this proportion generally fell for females aged 21 and over. However, for younger females it almost doubled from 22 per cent in 1997 to 40 per cent in 2001 before falling back to 30 per cent in 2002.

7.15 The overall increase of 3 per cent between 2001 and 2002 in the number of convictions leading to a financial main penalty was reflected in all sex and age categories except males aged under 21, where the number involved decreased by 1 per cent to 13,900. The 6 per cent overall increase for other penalties, mainly admonishment, comprised increases of 5 per cent (to 10,500) for males and 3 per cent (to 3,500) for females.

Chart 7: Custodial sentences as a percentage of custody, community service order and probation order 1993-2002

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8 Characteristics of Individual Offenders ( Tables 13 and 14)

8.1 The preceding sections of the bulletin generally present information in terms of persons convicted in court for all crimes and offences. In those statistics, each occasion on which a person is convicted is counted once, so that one individual offender may be counted on a number of occasions throughout the year. It is possible to analyse convictions for crimes and certain offences (common assault, breach of the peace, racially aggravated conduct and harassment, firearms offences and social security offences) by individual offender. This next section presents information on offenders who were convicted for these crimes and offences on at least one occasion in 2002.

8.2 In 2002, there were 68,500 convictions for the relevant crimes and offences, involving 44,300 individual offenders. Over half (52 per cent) of these convictions were accounted for by the 26 per cent of individual offenders who were convicted on more than one occasion. Those aged 30 and under were the most likely to have been convicted more than once: 30 per cent compared with 19 per cent for the over 30 age group.

8.3 In 2002, the peak age for convictions was 19. The proportion of 19 year olds in the Scottish population who were convicted on at least one occasion for a crime or relevant offence was much higher for males (7.2 per cent) than females (1.1 per cent).

8.4 Of the 44,300 individuals convicted at least once in 2002 for a crime or relevant offence, 67 per cent had accumulated at least one previous conviction for these crimes and offences in the period 1993 to 2002, including 14 per cent with over 10 such previous convictions. This latter proportion was higher for males (15 per cent) than for females (3 per cent), and was highest for the 21-30 year old age group (22 per cent). (Compared with younger and older offenders, the 21-30 year old age group in 2002 will on average tend to have received more convictions over the period 1993-2002, reflecting the peak ages for convictions being in the late teenage years and early twenties.)

8.5 Seventy-one per cent of the 5,900 individuals sentenced to custody (on their last sentencing occasion) in 2002 for a crime or relevant offence had at least one previous custodial conviction for these crimes and offences in 1993-2002. This proportion was 71 per cent for males and 58 per cent for females. Sixty-one per cent of this group of offenders had previously received a community sentence; and 40 per cent had previously been convicted in solemn proceedings.

8.6 Of the 141 individuals given a drug treatment and testing order (on their last sentencing occasion) in 2002 for a crime or selected offences, 70 per cent had over 10 previous convictions in 1993-2002 and 82 per cent had at least one previous custodial sentence. Just over half (52 per cent) of these offenders had a previous conviction for a drugs offence while 94 per cent had a previous conviction for a crime of dishonesty (including 47 per cent with over 10 such previous convictions).

Chart 8: Individual offenders per 10,000 population with one or more charges proved in court in 2002 for a crime or relevant offence

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9.1 Motor Vehicle Offences: Context ( Table 15)

9.1.1 Most motor vehicle offences are dealt with by means other than court proceedings. Table 16 shows the numbers of offences which were dealt with by various means for the period 1993-2002. Further information on offences recorded, alternatives to prosecution and offences proceeded against in court is given in sections 10.4 to 10.7. Stationary vehicle offences, mainly parking offences, for which police fixed penalty notices are issued, are not included in the figures for recorded offences. However, moving offences such as speeding offences which are dealt with via the police and procurator fiscal conditional offer system are included. Further details of fixed penalty notices issued for stationary vehicle offences are given in section 10.5.

9.1.2 Non-payment of a procurator fiscal or police conditional offer of a fixed penalty is usually followed by prosecution. Consequently there is an overlap between conditional offers made and offences proceeded against in court.

9.1.3 The number of licensed motor vehicles in Scotland increased by almost a quarter (24 per cent) between 1993 and 2002 when it reached 2.3 million. The number of recorded offences per 1,000 licensed vehicles in 2002 was 146, the lowest figure in the last 10 years. There has been a general trend away from court proceedings against motor vehicle offences (charges proved were down by almost a quarter between 1993 and 2002) towards the use of alternatives to prosecution such as police and fiscal conditional offers of fixed penalties. The number of offences dealt with by these latter measures increased by around a quarter between 1993 and 2002.

9.2 Motor Vehicle Offences Recorded by the Police ( Table 16)

9.2.1 The number of motor vehicle offences recorded by the police in each of the years 1997 to 2002 is shown in Table 16. These figures include offences in respect of which either the police or the procurator fiscal made a conditional offer of a fixed penalty (mainly moving vehicle offences). They do not include stationary vehicle offences (mainly parking and waiting offences) which are dealt with by the police or traffic wardens through the issuing of police fixed penalty notices. For information on stationary vehicle offences, see Section 10.5.

9.2.2 The total number of motor vehicle offences recorded in 2002 was 341,300, a decrease of 6 per cent on the 2001 total. In recent years, motor vehicle offences have generally accounted for a growing proportion of all crimes and offences recorded by the police: in 2002 they represented 36 per cent of the total compared with 33 per cent in 1993.

9.2.3 Among the offence categories with increases recorded between 2001 and 2002 were dangerous driving (up 15 per cent to 2,800), careless driving (up 4 per cent to 9,900), drunk driving (up 3 per cent to 11,800), other speeding (up 11 per cent to 50,300) and driving while disqualified (up 17 per cent to 5,100). Decreases in recorded offences included failing to stop after an accident (down 7 per cent to 7,200), speeding in restricted areas (down 21 per cent to 62,200), pedestrian crossing offences (down 35 per cent to 3,400), tachograph offences (down 38 per cent to 2,800) and seat belt offences (down 22 per cent to 31,000). Changes in the figures for individual offence categories may arise because of changes in the level of enforcement or police deployment.

Chart 9: Motor vehicle offences recorded by police in Scotland, 2002

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9.3 Alternatives to Prosecution ( Tables 17 and 18)

9.3.1 In many instances, where the offence is of a more minor nature, the offender is not prosecuted in court. There are several alternatives to prosecution which are available in Scotland, the main ones for road traffic offences being the vehicle defect rectification scheme (introduced on 1 May 1984), under which drivers of vehicles are given a set period of time to repair their vehicle, and conditional offers of a fixed penalty which can be given by the procurator fiscal (introduced on 1 July 1983) or by the police (introduced on 1 April 1993).

9.3.2 During the late 1990s, over 30,000 offences were dealt with each year under the vehicle defect rectification scheme.

9.3.3 The number of conditional offers issued by the police in 2002 was 161,400, a decrease of 8 per cent compared with 2001. Almost two-thirds (65 per cent) of these offers related to speeding offences. A total of 6,200 reports to Procurators Fiscal in 2002 resulted in the acceptance of a conditional offer of a fixed penalty for moving vehicle offences.

9.3.4 Since the mid 1990s, an increasing proportion of the police conditional offers of a fixed penalty related to offences which had been detected automatically e.g. via a speed camera. In 2002, 66 per cent of offers made for speeding offences in restricted areas related to offences which had been detected automatically compared with 13 per cent in 1994. A similar increase was recorded for other speeding offences: the proportion of offers relating to offences which had been detected automatically increased from 13 per cent in 1994 to 68 per cent in 2002. The number of offences that are detected automatically will fluctuate according to the number of cameras that are in operation at any given time. The proportion of police conditional offers in 2002 for traffic direction offences ("jumping a red light") which had been detected automatically was 17 per cent.

Chart 10: Police conditional offers made for speeding offences: percentage where offence detected automatically, 1994-2002

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9.4 Offences with a charge proved ( Table 19)

9.4.1 In 2002, the total number of individual motor vehicle offences with a charge proved in court was 74,300, an increase of 10 per cent compared with 2001. For 46,900 persons, a motor vehicle offence was the main offence with which they were charged.

9.4.2 Increases between 2001 and 2002 in the number of offences with a charge proved were recorded for dangerous driving (up 17 per cent to 1,100), careless driving (up 4 per cent to 3,900), drunk driving (up 29 per cent to 10,000 - the highest figure recorded in the last 10 years), driving while disqualified (up 11 per cent to 7,300) and other speeding (up 11 per cent to 7,300). Recorded decreases included speeding in restricted area offences (down 30 per cent to 2,700 - the lowest recorded in the last 10 years) and vehicle excise licence offences (down 13 per cent to 3,800).

Penalties imposed for proved charges ( Tables 20-22)

9.4.3 In 2002, an estimated 82 per cent of all motor vehicle offences proceeded against resulted in the charge being proved or accepted. A fine was the most common penalty: 77 per cent of offences proved or accepted resulted in a fine, 15 per cent resulted in an admonition and 3 per cent resulted in a custodial sentence.

9.4.4 While 3 per cent of all motor vehicle offences with a charge proved or accepted in 2002 resulted in a custodial sentence, the corresponding proportion was higher for driving while disqualified (39 per cent), dangerous driving (24 per cent) and drunk driving (4 per cent).

9.4.5 In relative terms, admonishment was used more frequently for the offences of driving a motor vehicle without a current test certificate (44 per cent), driving licence offences (32 per cent), insurance offences (23 per cent) and failing to stop after an accident (22 per cent).

9.4.6 In addition to the main penalty imposed, 34 per cent of offences resulted in an outright disqualification or disqualification under the 'totting up' procedure (this is a procedure by which drivers who obtain 12 or more penalty points for offences committed within a three year period are disqualified from driving). A further 42 per cent of offences resulted in endorsement of penalty points on the driver's licence. Thirty-eight per cent of disqualifications were for drunk driving and a further 32 per cent were for failing to have third party insurance. This latter category also accounted for 31 per cent of all endorsements issued. For speeding offences endorsement is obligatory in all but exceptional circumstances and is generally given with a fine.

Fines

9.4.7 Excluding the small number of cases where no separate figure was available, the average fine given in 2002 for motor vehicle offences which resulted in a fine was 166. Nineteen per cent of fines were for 50 or less while 51 per cent were in excess of 100. Unsurprisingly, the heaviest fines were imposed for more serious types of offences: the average fines for dangerous driving, drunk driving offences and driving while disqualified were 388, 337 and 343 respectively. The total amount of fines imposed by Scottish courts for motor vehicle offences in 2002 was estimated to be 9.4 million.

Disqualifications

9.4.8 In 2002, a total of 25,200 motor vehicle offences resulted in the offender being disqualified from driving. Of those offences for which a separate period of disqualification was identifiable, 11,700 (47 per cent) resulted in disqualification for more than 12 months, including 158 which led to disqualification for life and 894 which resulted in the offender being disqualified until they had retaken their driving test.

9.4.9 Seventy per cent of disqualifications for over three years were imposed for drunk driving or driving while already disqualified. Dangerous driving and failure to insure against third party risks accounted for a further 15 per cent and 13 per cent respectively of disqualifications of this length.

9.4.10 For those offences for which a determinate period of disqualification was given, the average period of disqualification in 2002 was 21 months. However, for the offence of driving while disqualified the average period imposed was 42 months.

9.5 Police Fixed Penalties for Stationary Vehicle Offences ( Tables 23 and 24)

9.5.1 To enable the offender to discharge liability for prosecution for stationary vehicle offences such as unlawful parking or failure to display a valid vehicle excise licence (road tax disk), the police and traffic wardens may issue fixed penalty notices. In 2002, a total of 164,000 such notices were issued, 9 per cent fewer than in 2001 and a third of the total in 1993. Much of the decrease in the number of fixed penalty notices issued in recent years reflects the decriminalisation of parking infringements in City of Edinburgh, Glasgow City and Perth & Kinross council areas, in October 1998, October 1999 and October 2002 respectively.

9.5.2 In 2002, two-thirds (66 per cent) of all fixed penalty notices issued by the police were for parking and waiting (including clearway) offences, with failure to display a valid excise licence accounting for nearly all of the remainder.

9.5.3 The proportion of cases in 2002 in which the fixed penalty was paid was 61 per cent, the same as in 2001. In 20 per cent of cases an automatic fine was registered and in the remaining 18 per cent of cases no further action was taken.

9.6 Civil Penalty Charge Notices for Parking Infringements

9.6.1 Under revised arrangements, most parking infringements in the City of Edinburgh, Glasgow City and Perth & Kinross council areas have been dealt with as a civil matter, as from October 1998, October 1999 and October 2002 respectively.

9.6.2 A total of 242,700 penalty charge notices were issued by City of Edinburgh Council in 2002. Of the penalty charge notices issued, 74 per cent were paid, 18 per cent had no further action taken and 8 per cent were still outstanding at the time the statistics were compiled. Some 3,000 vehicles were removed from on-street. Revenue totalled 6.8 million from penalty charge notices and 0.3 million from vehicle removals.

9.6.3 Glasgow City Council issued a total of 267,400 penalty charge notices in 2002, of which 73 per cent were paid, 16 per cent had no further action taken and 11 per cent were still outstanding at the time these figures were collated. Some 6,700 vehicles were removed from on-street. Revenue totalled 5.9 million from penalty charge notices and 0.7 million from vehicle removals.

9.6.4 Perth & Kinross Council issued a total of 4,100 penalty charge notices in the period October to December 2002, of which 68 per cent were paid, 12 per cent had no further action taken and 20 per cent were still outstanding at the time these figures were collated. Revenue totalled 70,000.

9.7 Other offences related to motor vehicles ( Table 25)

9.7.1 Certain crimes related to motor vehicles are not included within the group of motor vehicle offences in the SEJD classification of crimes and offences. These are causing death by dangerous driving, causing death by careless driving when under the influence of drink or drugs and reckless driving (common law).

9.7.2 In 2002, the police recorded 39 crimes of causing death by dangerous driving, 6 crimes of causing death by careless driving when under the influence of drink or drugs and 2 crimes of reckless driving (common law).

9.7.3 In 2002, 18 persons were convicted where the main offence was causing death by dangerous driving or by careless driving when under the influence of drink or drugs. Sentences passed in these cases included 13 custodial sentences (with an average sentence of 44 months) and 4 community service orders. No proceedings were recorded for 2002 with reckless driving (common law) as the main offence.

10. Appendix of Tables

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