Statistical Bulletin CrJ/2005/4: Criminal Justice Series: CRIMINAL PROCEEDINGS IN SCOTTISH COURTS, 2003: page 1

CRIMINAL PROCEEDINGS IN SCOTTISH COURTS, 2003

1 Introduction

1.1 This bulletin presents statistics on criminal proceedings concluded in Scottish courts during 2003. It includes information on the types of crimes and offences for which persons are convicted, sentencing outcomes and the characteristics of convicted offenders. Additional detailed analyses in relation to motor vehicle offences, including alternatives to prosecution and the issue of fixed penalty notices for stationary vehicle offences, are also given.

1.2 Detailed notes on the statistics used in the bulletin and on the classification of crimes and offences are given in the Annex. These include descriptions of the various sources of information and also of some limitations of the data. In particular, it should be noted that the figures for 2003 include some estimated data. Figures are generally quoted to the nearest 100 in the text but are given precisely in the tables.

Chart 1: Penalties imposed in Scottish Courts in 2003 and 1994

Chart 1: Penalties imposed in Scottish Courts in 2003 and 1994

2 Key Points

Court proceedings

In 2003, an estimated total of 151,000 persons were proceeded against in court, an increase of 4 per cent on 2002. This was the third consecutive annual increase; however, the 2003 total was still 15 per cent below the figure of 178,700 recorded in 1994.

Verdicts

In 2003, an estimated 87 per cent of persons proceeded against in court had at least one charge proved against them or a plea of guilty accepted, a total of 130,600 convictions.

Convictions

Crime categories to show an increase in convictions between 2002 and 2003 included serious assault (up 9 per cent), vandalism (up 9 per cent), handling an offensive weapon (up 8 per cent) drugs (up 22 per cent), common assault (up 7 per cent), breach of the peace (up 4 per cent) and speeding (up 25 per cent). Decreases included crimes of dishonesty (down 9 per cent) and drunk driving (down 6 per cent).
Sheriff summary courts accounted for over three-fifths (61 per cent) of all persons convicted in 2002, with solemn courts accounting for a further 4 per cent. The number of persons convicted in 2003 in the district and stipendiary magistrates courts (46,700) represented an increase of 12 per cent compared with 2002 but was under two-thirds of the number convicted in 1994.

Sentences

The total number of custodial sentences imposed by courts in 2003 was 16,600. Between 2002 and 2003, the number of custodial sentences for offenders aged under 21 decreased by 8 per cent (to 3,400) while the number for older offenders was unchanged at 13,200. Eighty per cent of all custodial sentences were for six months or less; the average length of determinate custodial sentences in 2003 was just over seven months.
In 2003, the total number of convictions resulting in a community sentence was 14,600, a decrease of 4 per cent compared with 2002. These mainly comprised sentences of a probation order (8,500 including 1,000 sentences of probation with a requirement that the offender shall perform unpaid work) or a community service order (4,600). The average length of community service orders imposed in 2003 was 152 hours. Other community sentences available in 2003 included restriction of liberty orders (over 900 convictions) and drug treatment and testing orders (just under 600 convictions).
In 2003, 65 per cent of all convictions resulted in a fine or compensation order as the main penalty, compared with 72 per cent in 1994. The average amount of fine imposed in 2003 was £206 (excluding fines imposed upon companies). The average value of compensation order imposed was £253.
In 2003, female offenders accounted for 15 per cent of all convictions, 8 per cent of custodial convictions and 26 per cent of admonishments.

Characteristics of individual offenders

The peak age for conviction in 2003 was 20. Six per cent of 20 year old males in the Scottish population were convicted for a crime or relevant offence (such as common assault or breach of the peace) on at least one occasion during 2003; the corresponding proportion for females was 1 per cent.
Of the 42,500 individuals convicted at least once in 2003 for a crime or relevant offence (and for whom data were available), 66 per cent had at least one such previous conviction in 1994-2003; 13 per cent had over ten such previous convictions.

Motor vehicle offences

The total number of motor vehicle offences recorded by the police in 2003 was 409,500, an increase of 20 per cent compared with 2002 and 24 per cent higher than in 1994. Motor vehicle offences accounted for 41 per cent of all crimes and offences recorded by the police in 2003.
In 2003 the police made 231,200 conditional offers of a fixed penalty, an increase of 43 per cent compared with 2002. Seventy-one per cent of the offers in 2003 related to speeding offences. In December 2003, just under 600 conditional offers were made in respect of the new offence introduced in that month of driving while using a mobile telephone.
Of those speeding offences for which a police conditional offer was made in 2003, 80 per cent were detected automatically. The corresponding proportion in 1994 was 13 per cent.
The number of motor vehicle offences which resulted in a charge proved in court in 2003 was 77,600, an increase of 5 per cent compared with 2002 but 19 per cent fewer than in 1994.
For an estimated 82 per cent of offences proceeded against in 2003, the charge was proved or accepted. A fine was the most common penalty, imposed for 78 per cent of charges proved or accepted. In addition to the main penalty imposed, 32 per cent of offences resulted in a disqualification from driving and a further 44 per cent in an endorsement of the offender's driving licence.
The average fine imposed for motor vehicle offences with a charge proved in 2003 was £175. The average length of driving ban imposed was 21 months.
A total of 143,000 fixed penalty notices were issued by the police for stationary vehicle offences in 2003, 65 per cent of which were for parking and waiting offences and 35 per cent for failing to display a road tax disk.
The total number of penalty charge notices for parking infringements issued in 2003 by those councils which operated these civil penalty schemes was 562,900, an increase of 10 per cent compared with 2002 and more than double the number issued in 1999. Revenues from these notices and from vehicle removals totalled £14.2 million in 2003.
In 2003, Aberdeen City, City of Edinburgh, Glasgow City and Perth & Kinross Councils issued 40,000, 246,000, 261,000 and 16,000 penalty charge notices respectively for parking infringements. Revenues from these notices and from vehicle removals totalled £0.5 million in Aberdeen, £6.9 million in Edinburgh, £6.4 million in Glasgow and £0.4 million in Perth & Kinross.

3 Criminal Court Proceedings in Context ( Table 1)

3.1 Chart 2 and Table 1 provide a summary of known action in the criminal justice system. In 2003, the police recorded 407,000 crimes and 586,200 offences. The number of crimes recorded by the Scottish police decreased by 5 per cent between 2002 and 2003, to reach the lowest recorded for nearly quarter of a century. The 2003 total was 25 per cent lower than the peak 1991 figure. The clear up rate in 2003 was 47 per cent for crimes and 90 per cent for offences (excluding motor vehicle offences).

3.2 "Clear-ups" do not necessarily result in a report being made by the police to the procurator fiscal. For example, where the alleged offender is a child, a referral will normally be made to the Reporter to the Children's Panel. The vehicle defect rectification scheme operated by police forces offers the owners of defective vehicles the opportunity to avoid a report being made to the procurator fiscal, and the consequent possibility of court proceedings, by having their vehicle repaired within a given period. In April 1993 a new alternative to court proceedings was introduced for moving motor vehicle offences - the police conditional offer of a fixed penalty; previously only procurators fiscal could offer a fixed penalty for such an offence. In 2003 there were 231,200 police conditional offers, 43 per cent more than in 2002. It is not known how many alleged offenders are dealt with informally by the police or by other agencies, rather than the procurator fiscal.

3.3 Referrals or reports may often include more than one crime or offence, and in the case of reports to the procurator fiscal may also involve more than one person. There is thus no direct relationship between the number of crimes and offences recorded by the police and the number of disposals resulting from the action of other agencies within the criminal justice system. In addition, many offences such as Wireless Telegraphy Act offences (failure to pay a television licence) are not recorded by the police in the first instance. Where crimes or offences are recorded and cleared up by the police, procurator fiscal or other action does not necessarily occur in the same calendar year. In 2003, the number of reports received by the procurator fiscal was 326,200, an increase of 12 per cent compared with 2002 but 25 per cent below the number recorded in 1991 prior to the introduction of police conditional offers.

3.4 Prosecution in court is only one of a range of possible options the procurator fiscal has for dealing with persons who have been charged. Other actions include the use of fiscal warnings, diversion to social work, the use of conditional offers of a fixed penalty for a range of motor vehicle offences, the "fiscal fine" for less serious non-motor vehicle offences, sending cases to the Reporter to the Children's Panel or a decision to take no proceedings.

4 Persons Proceeded Against ( Tables 1 and 2)

(Unless otherwise stated, references in this bulletin to the type of crime or offence for which a person is proceeded against or convicted relate to the main charge involved. For the definition of main charge, see Annex, note 15. The final column of Table 4a provides counts of individual offences with a charge proved regardless of whether or not they were the main offence involved. More detailed information on individual motor vehicle offences with a charge proved is also included in Section 9.)

4.1 In 2003, the total number of persons proceeded against increased by 4 per cent to an estimated 150,700. This was the third consecutive annual increase; however the 2003 total was still 15 per cent below the figure of 178,700 recorded for 1994.

4.2 Of those persons against whom the procurator fiscal instigates proceedings, nearly all are proceeded against in court. In a relatively small number of cases proceedings are started but are then dropped before the case reaches court. Court workloads will be affected by trends in the use of alternatives to prosecution. For example, the introduction of police conditional offers in 1993 led to a reduction in district court workload.

4.3 An estimated 87 per cent of persons proceeded against in court in 2003 were convicted of at least one charge, a total of 130,600 convictions. Three per cent were acquitted on a "not guilty" verdict, and one per cent on a "not proven" verdict. The remaining 10 per cent either had their case deserted by the prosecution or a plea of "not guilty" accepted.

4.4 Information collected prior to 1988 indicates that "not guilty" pleas are more frequent for the more serious crimes such as homicide. Acquittal rates are also higher for these types of crime. In 2003 for example, 19 per cent of those proceeded against in court for serious assault and 30 per cent of those proceeded against for rape or attempted rape were acquitted following a "not guilty" or "not proven" verdict. Thirty per cent of persons proceeded against for theft of a motor vehicle had a plea of not guilty accepted or the case against them deserted. By contrast, 92 per cent of persons proceeded against in court for motor vehicle offences were convicted in 2003, with only 1 per cent acquitted on a "not guilty" verdict and most of the remaining prosecutions either being deserted or having a plea of "not guilty" accepted.

4.5 Of those persons acquitted in 2003 (as opposed to those who had a plea of not guilty accepted or the case against them deserted), 20 per cent received a "not proven" verdict. This proportion varied by type of crime: for example, it was higher than average for serious assault (27 per cent), crimes of indecency (27 per cent), unlawful use of a vehicle (26 per cent) and dangerous and careless driving (29 per cent); it was lower than average for shoplifting (15 per cent), robbery (17 per cent) and vandalism (16 per cent).

Chart 2: Overview of action within the criminal justice system 2003

1. Crimes recorded in 2003 may not be cleared up or dealt with until 2004 or later.
A report to the procurator fiscal may involve more than one crime or offence and more than one alleged offender.
2. The total number of reports to the fiscal includes reports on non-criminal matters such as sudden deaths.
3. Figures relate to offers which were accepted.
4. Figures for persons with a charge proved count the number of occasions on which a person is convicted.

A number of outcomes may result in subsequent prosecutions or referrals to other agencies, for example if a condition such as payment of a fixed penalty is not complied with. For simplicity, these pathways are not shown in the diagram.

5. Persons Convicted ( Tables 3, 4a and 4b)

5.1 The total number of convictions in 2003 was 130,600, an increase of 4 per cent compared with 2002. Of these, 79,100 (61 per cent of the total) took place in sheriff summary courts.

5.2 The more serious cases are dealt with in solemn courts: the High Court or a sheriff sitting with a jury. A total of 4,800 persons were convicted in solemn courts in 2003, 4 per cent of the total. The number of convictions in sheriff and jury courts increased by 13 per cent between 2002 and 2003. (Recording delays mean that the figures for High Court convictions in 2003, and to a lesser extent 2002, may be underestimates.)

5.3 In 2003, a total of 46,700 persons were convicted in the district courts or in the stipendiary magistrates court that operates in Glasgow. This represented an increase of 12 per cent compared with the previous year though it was less than two-thirds of the corresponding figure in 1994.

5.4 Within crime categories, increases between 2002 and 2003 were recorded for the number of persons convicted for serious assault (up 9 per cent to 1,400), vandalism (up 9 per cent to 4,300), handling an offensive weapon (up 8 per cent to 2,800), drugs (up 22 per cent to 7,100), common assault (up 7 per cent to 12,000), breach of the peace (up 4 per cent to 14,700), dangerous and careless driving (up 18 per cent to 4,000), and speeding (up 25 per cent to 12,000). Among the categories to show a decrease were crimes of dishonesty (down 9 per cent to 19,800) and drunk driving (down 6 per cent to 8,300).

5.5 Excluding breach (of social work orders) proceedings, the 126,600 convictions in 2003 involved a total of 185,100 individual offences where the charge was proved. On average there were 1.46 charges proved for each conviction.

6 Sex and Age of Persons Convicted ( Tables 5, 6(a) and 6(b))

6.1 Between 2002 and 2003, the overall number of convictions per 1,000 population remained level at 53 for males and increased from 9 to 10 for females. The number of convictions per 1,000 population in 2003 was generally lower in all age groups than it was ten years previously for males but was the same or slightly higher for females.

6.2 Males accounted for 84 per cent of all convictions in 2003; more males than females were convicted in almost all crime and offence categories. The main exception to this pattern was "other" crimes of indecency, where females accounted for 58 per cent of what are mainly offences related to prostitution. The other categories where females formed a higher than average proportion of those convicted included fraud (30 per cent), shoplifting (29 per cent), "other theft" (21 per cent) and Wireless Telegraphy Act offences (non-payment of a television licence) (69 per cent). (The latter offence category is included within "other miscellaneous offences".)

6.3 For males and females aged under 21, 17 per cent and 26 per cent respectively of convictions in 2003 were for crimes of dishonesty. Just over three-fifths (61 per cent) of convictions for theft of a motor vehicle involved males aged under 21. Convictions for motor vehicle offences accounted for a much higher proportion of total convictions for those aged over 30 (49 per cent for males and 43 per cent for females) than they did for the under 21 age group (26 per cent for males and 16 per cent for females).

(An individual may be proceeded against on more than one occasion over the course of the year, with several charges involved on each occasion. Persons aged under 21 are more likely than older offenders to be convicted on a number of occasions, and hence to be counted more than once. Section 8 provides information on the characteristics of individuals in each age group who were convicted in 2003.)

Chart 3: Index of persons convicted by type of court, 1994-2003 (1994=100)

Chart 3: Index of persons convicted by type of court, 1994-2003 (1994=100)

* High Court figures for 2002 and 2003 may be underestimates due to late recording of court disposals on SCRO.

7 Sentencing ( Tables 7 to 12)

Custodial sentences

7.1 The overall number of convictions resulting in a custodial sentence decreased by 2 per cent between 2002 and 2003 to 16,600, with nearly all of this accounted for by a decrease of 8 per cent (to 3,400) for offenders aged under 21. Over the last decade the use of custody as a proportion of all sentences rose from 10 per cent in 1994 to 13 per cent in 1999 and has remained around 13-14 per cent ever since. 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 2003 were robbery (67 per cent), serious assault (53 per cent) and housebreaking (49 per cent). Thirty-six per cent of all custodial sentences were imposed on persons convicted for crimes of dishonesty in 2003 compared with 47 per cent in 1994.

7.3 The average length of determinate custodial sentences over the last decade has been a little over seven months. Over half (53 per cent) of all custodial sentences in 2003 were for three months or less; 80 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 34 per cent and 48 per cent respectively. In 2003, drug offences accounted for 30 per cent of all custodial sentences of four years or more.

Chart 4: Index of penalties imposed, 1994-2003 (1994=100)

Chart 4: Index of penalties imposed, 1994-2003 (1994=100)

Chart 5: Average sentence length (excluding indeterminate sentences) and per cent sentenced to custody by type of crime or offence, 2003

Chart 5: Average sentence length (excluding indeterminate sentences) and per cent sentenced to custody by type of crime or offence, 2003

Community sentences

7.4 The total number of convictions resulting in a community sentence in 2003 totalled 14,600, a decrease of 4 per cent compared with 2002. Over the last ten years, the use of community sentences has generally increased both in absolute numbers and as a proportion of all sentences imposed by the courts: they accounted for 11 per cent of all sentences in 2003 compared with 7 per cent in 1994.

7.5 The number of convictions resulting in a probation order was 8,500 (7 per cent fewer than in 2002), including 1,000 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 (36 per cent) followed by fire-raising (31 per cent) and "other violence" (24 per cent).

7.6 The number of convictions in 2003 resulting in a community service order was 4,600, a decrease of 9 per cent compared with 2002 and around 700 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 1,000 in 2003, are included within the figures given for probation in this bulletin. In 2003, the categories with the highest proportion of convictions resulting in a community service order were serious assault (14 per cent of convictions), handling an offensive weapon (12 per cent) and fire-raising (10 per cent). The average length of community service order imposed in 2003 was 152 hours.

7.7 Other forms of community sentence were available to courts in a number of areas in 2003. These included restriction of liberty orders (945 convictions) and drug treatment and testing orders (DTTOs) (560 convictions). The average length of DTTO imposed was 25 months.

Financial penalties

7.8 Between 1994 and 2003, the use of fines, the most common main penalty imposed by courts, has generally fallen 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 64 per cent of convictions in 2003, two percentage points up on the proportion in 2002 but seven percentage points below the 71 per cent figure recorded for 1994. In 2003, a fine was the most frequent penalty imposed in convictions for motor vehicle offences (90 per cent), breach of the peace (65 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 (55 per cent), fraud (58 per cent), drug offences (64 per cent) and vandalism (57 per cent).

7.9 Excluding cases where a company was fined, the average fine imposed by courts in 2003 was £206, an increase of 3 per cent compared with the average in 2002. Thirty-four per cent of all convictions resulting in a fine in 2003 were for over £200; 11 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 1,700 in 2003. They were most often used in addition to another penalty, generally a fine. In 2003, a total of 9,200 compensation orders were imposed as either a main or secondary penalty, a 20 per cent increase compared with 2002. Compensation was ordered in 7 per cent of convictions in 2003, most frequently in convictions for vandalism (48 per cent of such convictions). The average value of compensation order awarded was £253 in 2003.

Other sentences

7.11 In 2003, 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 (34 per cent of convictions), crimes against public justice (23 per cent), drunkenness (22 per cent) and breach of the peace (18 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 65 main penalties in 2003.

Chart 6: Average fine and per cent fined by type of crime or offence, 2003

Chart 6: Average fine and per cent fined by type of crime or offence, 2003

Sentencing by sex and age of offender

7.12 The pattern of penalties imposed in 2003 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 84 per cent of all convictions in 2003, they represented 92 per cent of custodial convictions. Females accounted for 16 per cent of all convictions but for 26 per cent of other sentences (mainly admonishment).

7.13 The overall decrease of 2 per cent in the number of custodial sentences between 2002 and 2003 comprised decreases of 9 per cent (to 3,200) for males aged under 21 and 4 per cent (to 7,500) for males aged 21-30. This was partly offset by increases of 5 per cent (to 4,700) for older males and 8 per cent (to 1,200) for females.

7.14 Between 2002 and 2003, the number of convictions resulting in a community sentence decreased by 3 per cent (to 12,300) for males and by 7 per cent (to 2,400) for females. Increases were, however, recorded for offenders aged over 30. For all those given community or custodial sentences, the overall proportion given custody fell from 58 per cent in 1994 to 53 per cent in 2003. 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 and 35 per cent in 2003.

7.15 The overall increase of 8 per cent between 2002 and 2003 in the number of convictions leading to a financial main penalty was reflected in all sex and age categories, though the proportionate increase was largest for those aged over 30. The overall total of 14,000 convictions resulting in other sentences, mainly admonishment, was little changed from the previous year, with a 1 per cent decrease for males cancelled out by a 2 per cent increase for females.

Chart 7: Custodial sentences as a percentage of custody, community service order and probation order 1994-2003

Chart 7: Custodial sentences as a percentage of custody, community service order and probation order 1994-2003

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 the 42,500 individual offenders who were convicted for these crimes and offences on at least one occasion in 2003. (A further 6,700 such convictions could not be linked by individual offender and have therefore been excluded from this analysis.)

8.2 Just over 63,300 convictions records in the data for 2003 can be linked by individual offender, representing a total of 42,500 individual offenders. Just under half of these convictions were accounted for by the 25 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: 29 per cent compared with 19 per cent for the over 30 age group.

8.3 In 2003, the peak age for convictions was 20. The proportion of 20 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 (6.2 per cent) than females (1.0 per cent).

8.4 Of the 42,500 identifiable individuals convicted at least once in 2003 for a crime or relevant offence, 66 per cent had accumulated at least one previous conviction for these crimes and offences in the period 1994 to 2003, including 13 per cent with over 10 such previous convictions. This latter proportion was higher for males (14 per cent) than for females (9 per cent), and was highest for the 21-30 year old age group (21 per cent). (Compared with younger and older offenders, the 21-30 year old age group in 2003 will on average tend to have received more convictions over the period 1994-2003, reflecting the peak ages for convictions being in the late teenage years and early twenties.)

8.5 Seventy per cent of the 5,700 individuals sentenced to custody (on their last sentencing occasion) in 2003 for a crime or relevant offence had at least one previous custodial conviction for these crimes and offences in 1994-2003. This proportion was 71 per cent for males and 54 per cent for females. Sixty 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 176 individuals given a drug treatment and testing order (on their last sentencing occasion) in 2003 for a crime or selected offences, 64 per cent had over 10 previous convictions in 1994-2003 and 73 per cent had at least one previous custodial sentence. Just under half (45 per cent) of these offenders had a previous conviction for a drugs offence while 95 per cent had a previous conviction for a crime of dishonesty (including 40 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 2003 for a crime or relevant offence

Chart 8: Individual offenders per 10,000 population with one or more charges proved in court in 2003 for a crime or relevant offence

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 15 shows the numbers of offences which were dealt with by various means for the period 1994-2003. Further information on offences recorded, alternatives to prosecution and offences proceeded against in court is given in sections 9.4 to 9.7. 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 9.5.

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 1994 and 2003 when it reached 2.4 million. The number of recorded offences per 1,000 licensed vehicles in 2003 was 172, the third highest annual figure in the last 10 years. There has been a general trend away from court proceedings against motor vehicle offences (number of charges proved in 2003 were a almost a fifth lower than in 1994) 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 has almost doubled between 1994 and 2003.

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 1994 and 1999 to 2003 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 9.5.

9.2.2 The total number of motor vehicle offences recorded in 2003 was 409,500, an increase of 20 per cent on the 2002 total. In recent years, motor vehicle offences have generally accounted for a growing proportion of all crimes and offences recorded by the police: in 2003 they represented 41 per cent of the total compared with 34 per cent in 1994. Forty-four per cent of all motor vehicle offences recorded by the police in 2003 related to speeding offences.

9.2.3 Among the offence categories with increases recorded between 2002 and 2003 were speeding in restricted areas (up 79 per cent to 111,600), other speeding (up 39 per cent to 69,800) and signal and direction offences (up 24 per cent to 26,500). Decreases in recorded offences included drink driving (down 2 per cent to 11,600), lighting, construction and use offences (down 11 per cent to 41,200) and seat belt offences (down 10 per cent to 27,800). 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, 2003

Chart 9: Motor vehicle offences recorded by police in Scotland, 2003

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 2003 was 231,200, an increase of 43 per cent compared with 2002. Seventy-one per cent of these offers related to speeding offences. In December 2003, just under 600 conditional offers were made in respect of the new offence introduced in that month of driving while using a mobile telephone. A total of 8,000 reports to Procurators Fiscal in 2003 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 2003, 79 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 82 per cent in 2003. 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 2003 for traffic direction offences ("jumping a red light") which had been detected automatically was 44 per cent.

Chart 10: Police conditional offers made for speeding offences: percentage where offence detected automatically, 1994-2003

9.4 Offences with a Charge Proved ( Table 19)

9.4.1 In 2003, the total number of individual motor vehicle offences with a charge proved in court was 77,600, an increase of 5 per cent compared with 2002. For 49,900 persons, a motor vehicle offence was the main offence with which they were charged.

9.4.2 Increases between 2002 and 2003 in the number of offences with a charge proved were recorded for dangerous driving (up 8 per cent to 1,200), careless driving (up 11 per cent to 4,300), driving while disqualified (up 5 per cent to 4,000), speeding in restricted areas (up 17 per cent to 3,100) and other speeding offences (up 28 per cent to 9,300). Recorded decreases included drunk driving (down 7 per cent to 8,400), traffic direction offences (down 31 per cent to 1,000), lighting offences (down 12 per cent to 1,000) and vehicle excise licence offences (down 19 per cent to 3,100). The total of 4,300 careless driving offences with a charge proved in 2003 included 32 offences recorded as having arisen from a fatal road accident (similar information not available for previous years).

Penalties imposed for proved charges ( Tables 20-22)

9.4.3 In 2003, 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: 78 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 2003 resulted in a custodial sentence, the corresponding proportion was higher for driving while disqualified (39 per cent), dangerous driving (23 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 (47 per cent), driving licence offences (30 per cent), insurance offences (22 per cent) and failing to stop after an accident (21 per cent).

9.4.6 In addition to the main penalty imposed, 32 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 44 per cent of offences resulted in endorsement of penalty points on the driver's licence. Thirty-five per cent of disqualifications were for drunk driving and a further 33 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 2003 for motor vehicle offences which resulted in a fine was £175. Sixteen per cent of fines were for £50 or less while 11 per cent were in excess of £300. 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 £383, £357 and £352 respectively. The total amount of fines imposed by Scottish courts for motor vehicle offences in 2003 was estimated to be £10.5 million.

Disqualifications

9.4.8 In 2003, a total of 25,100 motor vehicle offences resulted in the offender being disqualified from driving. Of those offences for which a separate period of disqualification was identifiable, 11,400 (46 per cent) resulted in disqualification for more than 12 months, including 159 which led to disqualification for life and 584 which resulted in the offender being disqualified until they had retaken their driving test.

9.4.9 Seventy-one 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 each accounted for a further 13 per cent 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 2003 was 21 months. However, for the offence of driving while disqualified the average period imposed was 41 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 2003, a total of 143,000 such notices were issued, 13 per cent fewer than in 2001 and less than a third of the total in 1994. 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 and Aberdeen City council areas, in October 1998, October 1999, October 2002 and March 2003 respectively.

9.5.2 In 2003, almost two-thirds (65 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 2003 in which the fixed penalty was paid was 62 per cent. 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 ( Tables 25 and 26)

9.6.1 Under revised arrangements, most parking infringements in the City of Edinburgh, Glasgow City, Perth & Kinross and Aberdeen City council areas have been dealt with as a civil matter, as from October 1998, October 1999, October 2002 and March 2003 respectively.

9.6.2 The total number of penalty charge notices for parking infringements issued in 2003 by those councils which operate these civil penalty schemes was 562,900, an increase of 10 per cent compared with 2002 and more than double the number issued in 1999. Revenues from these notices and from vehicle removals totalled £14.2 million in 2003.

9.6.3 In 2003, Aberdeen City, City of Edinburgh, Glasgow City and Perth & Kinross Councils issued 40,000, 246,000, 261,000 and 16,000 penalty charge notices respectively for parking infringements. Revenues from these notices and from vehicle removals totalled £0.5 million in Aberdeen, £6.9 million in Edinburgh, £6.4 million in Glasgow and £0.4 million in Perth & Kinross.

9.7 Other Offences Related to Motor Vehicles ( Table 27)

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 2003, the police recorded 37 crimes of causing death by dangerous driving, 10 crimes of causing death by careless driving when under the influence of drink or drugs and 5 crimes of reckless driving (common law).

9.7.3 In 2003, 10 persons were convicted where the main offence was causing death by dangerous driving and 2 by careless driving when under the influence of drink or drugs. Custodial sentences were passed in all these cases (with an average sentence of 53 months for causing death by dangerous driving and 14 months for causing death by careless driving when under the influence of drink or drugs). No convictions were recorded for 2003 with reckless driving (common law) as the main offence.