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Annex : Notes on statistics used in this bulletin

Returns

5.1 The statistics in this bulletin are derived from returns submitted by police forces in respect of crimes and offences recorded by them in which a firearm is alleged to have been used. A crime or offence is counted in the same way as in the statistics of all crimes and offences recorded by the police. The firearms return used to collect the statistics in this bulletin was revised in January 1993. The major change involved moving from an offence based return to an incident based return. In incidents where several crimes or offences occur each crime or offence within the incident is counted. However, the information in this bulletin is based on crimes and offences involving the alleged use of firearms not incidents.

5.2 A return is submitted for each incident where a crime or offence in which a firearm is alleged to have been involved with the exception of cases where an airweapon is recklessly handled causing neither injury nor damage to property. From now on miscellaneous firearms offences relating mainly to possession, handling and distribution of firearms and ammunition will also be excluded from the main tables. Prior to 2005-06 returns were submitted for miscellaneous firearms offences, but in discussions with police forces it became apparent that not all such incidents were included. Therefore it was decided to remove such incidents from the main tables, and add another table giving totals for these offences based on separate Recorded Crime returns. Because of the wide ranging nature of the relevant crime code, the numbers included in the Recorded Crime data collection dwarf those that were thought suitable for inclusion in the firearms return by police forces, as shown in the following table:

Miscellaneous Firearms Act 1968 Offences: Previous bulletin figures vs totals from Recorded Crime data collection, 1996-97 to 2004-05

5.3 The figures given in this bulletin are subject to the inaccuracies inherent in any large-scale recording system; in particular it is possible that some of the inter-force variations shown in Tables 13 and 13A arise from differences in procedure or different force interpretation. The move to an incident rather than individual offence based recording system revealed some undercounting of offences involving firearms in years prior to 1994.

Legislation

5.4 Contraventions of Scottish criminal law are divided for statistical purposes into crimes and offences. The term 'crime' is generally used for the more serious criminal acts; the less serious are termed 'offences', although the term 'offence' may also be used in relation to serious breaches of criminal law. To avoid unnecessary repetition of the term 'recorded crimes and offences' throughout this publication reference is simply made to 'offences'. This should be interpreted to mean recorded crimes and offences. The reference to the 'use' of firearms throughout the bulletin should also be interpreted to include the 'alleged use' of firearms.

5.5 The main firearm is that which inflicts the most serious injury or damage or, in cases where no injury or damage is caused, that firearm considered potentially most dangerous. Only about 2 per cent of offences in which a firearm is alleged to have been used involve more than one firearm. The 'Other firearms' category includes weapons such as starting guns and ball bearing guns. From 1988, crossbows were included in the 'Other' category. The 'Imitation' category includes replica and imitation weapons.

5.6 Following the Dunblane incident changes to the existing firearms legislation were introduced to enhance public safety. As a result, the Firearms (Amendment) Act 1997 ("the 1997 Act") was implemented and thereafter the Firearms (Amendment)(No.2) Act 1997 ("the 1997 (No.2) Act"). Under the 1997 Act, all pistols (otherwise referred to as "handguns") over .22 calibre were banned with effect from 1 October 1997. The 1997 (No.2) Act came into effect from 1 March 1998. A number of types of handgun were exempted from the 1997 (No.2) Act including muzzle-loading guns, shot pistols, slaughtering instruments, firearms used for the humane killing of animals, trophies of war etc.

5.7 The Anti-Social Behaviour Act 2003 raised the age for owning an air weapon from 14 to 17; created a new offence of possessing an air weapon or imitation weapon in a public place without reasonable excuse; banned future import and sale of air weapons using self-contained air cartridge systems and licensed those already held. The Criminal Justice Act 2003 also imposed minimum sentences for the illegal possession of a prohibited firearm. In 2005 there was a ten week air weapon hand in from 23 March to 3 June. This resulted in 913 air weapons being handed in during those 10 weeks.

Statistical issues

5.8 Details of the age and sex of the main victim are collected only for offences in which injury is caused. The main victim is the person most seriously injured. Cases involving injury to animals are recorded under the category property damage rather than injury - which is reserved solely for the purposes of recording injuries to persons.

5.9 Details of the age and sex of the main accused are collected for offences cleared up. In offences involving injury or damage the main accused is the person who inflicts the most serious injury or damage. In other instances, it is taken to be the oldest person. In previous bulletins, there had been an element of overstatement of crimes cleared up, due to including some offences where no accused was identified in the years from 2001 to 2003. This affected figures in tables 11, 12 and 12A.

5.10 Late returns (for example where a crime or offence is subsequently cleared up) may result in revisions in the next issue of this bulletin.

5.11 The figures shown in Table 14 for stolen firearms are not included elsewhere. The information reflects solely those incidents where firearms were stolen, and not whether they were used to perpetrate a crime or offence.

5.12 There have been various changes in the way the type of firearm used has been recorded over the years. In Strathclyde, prior to 2001, and Lothian and Borders, prior to 2002, if a weapon was not seen or seen but not established, an assumption was made about what type of weapon this was. It was usually assumed that it was an air weapon and was recorded as such in the statistical return. However, there was a change of this recording practice such that if a weapon was not seen or seen but not established, it was recorded as such and no assumption is made about what the weapon was. This had the effect of increasing the number of incidents involving an unidentified firearm and reducing those involving an air weapon.

Subsequently, Lothian and Borders police began recording details of incidents using crime reports from members of the public. The complainants may identify the firearm involved as an air weapon, based on the type of damage caused, even if they have not seen the firearm.. For 2005-06 returns, all police forces agreed to identify weapons where possible, resulting in an increase in the alleged use of air weapons (and other identified weapons) and a decrease in the alleged use of unidentified firearms.

Crimes and offences cleared up

5.13 The definition of 'cleared up' was revised with effect from 1 April 1996. Previously, a crime or offence was regarded as being cleared up if one or more offenders was apprehended, cited, warned or traced for it. This was revised as follows:

A crime or offence is regarded as cleared up where there exists a sufficiency of evidence under Scots law, to justify consideration of criminal proceedings notwithstanding that a report is not submitted to the procurator fiscal because either

(i) by standing agreement with the procurator fiscal, the police warn the accused due to the minor nature of the offence, or

(ii) reporting is inappropriate due to the non-age of the accused, death of the accused or other similar circumstances.

For some types of crimes and offences the case is cleared up immediately because the offender is caught in the act e.g. motoring offences. In Scots law, the confession of an accused person to a crime would not in general be sufficient to allow a prosecution to be taken, as corroborative evidence is required. Thus, a case cannot be regarded as 'cleared up' on the basis of a confession alone.

Classification

5.14 The classification of crimes and offences used by The Scottish Executive Justice Department for criminal statistics contains about 350 codes. These are grouped in this bulletin as follows: -

Other

5.15 The following symbols are used throughout the tables in this bulletin.

5.16 Clearly, only a limited selection of tables can be included in any statistical bulletin. Further analyses of recorded crimes and offences involving firearms statistics can be supplied on request once the bulletin is published. This includes available information relating to time periods other than those covered in the bulletin. In certain cases a fee is charged. For details of what can be provided please telephone Justice Statistics on 0131 244 2219 or e-mail: JusticeStatistics@scotland.gsi.gov.uk.

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