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cp(s)a section 306: Costs, Sentencing Profiles and the Scottish Criminal Justice System 2004/05

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Annex: Notes on Statistics Used

Interpretation of Tables and Charts

A1 Persons are counted once for each occasion on which they are proceeded against and which result in a charge being proved against them. If a number of different proceedings against an individual are concluded on the same date, each will be counted separately in the statistics. If a person has a charge proved for more than one crime or offence, only the main charge - the one receiving the severest penalty - is counted. If more than one charge receives the same penalty then the main charge is the one judged by the police to be the most serious. The term "person" as used here includes companies.

A2 Some percentages are based on very small numbers. Fifty per cent where the total number of cases is 2 is a much less robust figure than 50 per cent where the number of cases is 500, so caution should be exercised in comparing percentages. In the case of the charts which are all based on percentages, courts in which 20 or fewer persons have had a charge proved for the relevant offence have not been included. Where appropriate, numbers as well as percentages are given to assist interpretation. Note that percentages may not always sum to 100 due to independent rounding.

A3 Average fines and sentence lengths are based on mean values. If a few cases have high values, in particular where persons or companies are fined for certain statutory offences, then these cases will increase the average for all cases. This can have a disproportionate affect on the averages of courts with a relatively small total number of cases.

A4 The court sentencing statistics included in this publication reflect the details of court proceedings as recorded on the Scottish Criminal Record Office ( SCRO), and as known to SEJD, at 31 March 2006.

Distinction between cases for different types of court

A5 Following the introduction of computerisation of case recording to the sheriff courts, some police forces have reported difficulties in distinguishing sheriff solemn from sheriff summary cases. Where possible the Scottish Executive has identified those cases where the court type is incorrect and appropriate changes have been made. It remains possible however that some cases have been allocated incorrectly by court type. From 2002, stipendiary magistrates and lay district court cases are generally no longer separately identifiable in the data received from SCRO. However 2004/05 figures contain a split between Stipendiary and Lay District Courts, estimated using separate management information data.

A6 Since the last edition in this series was published, ongoing data quality checks have resulted in some minor amendments to the data held for years prior to 2004/05. The figures shown for these years may therefore differ slightly from those published previously.

Crime Categories used in Sentencing Profiles

Solemn Proceedings

Robbery

Robbery and assault with intent to rob.

Violence excluding robbery

Includes homicide (including causing death by dangerous driving and causing death by careless driving whislt under the influence of drink or drugs), attempted murder, serious assault and cruel and unnatural treatment of children.

Crimes of indecency

Includes sexual assault, lewd and libidinous practices, indecent exposure and offences related to prostitution.

Housebreaking

Includes housebreaking and attempted housebreaking.

Theft of motor vehicle

Includes theft of a motor vehicle and offences under section 178 of the Road Traffic Act.

Other theft

Theft excluding theft of a motor vehicle.

Fraud

Fraud including statutory fraud offences.

Other dishonesty

Includes forgery, corruption, bankruptcy offences and reset.

Criminal damage

Includes fire-raising, malicious mischief, vandalism and reckless conduct with firearms.

Handling an offensive weapon

Includes possession of an offensive weapon and having in a public place an article with a blade or point.

Drugs offences

Includes supply and possession of drugs.

Crimes against public justice

Includes perverting the course of justice, breach of bail conditions, failure to appear at court and contempt of court.

Common assault

Includes common assault and resisting arrest.

Other crimes and offences

Includes breach of the peace, miscellaneous statutory offences and motor vehicle offences.

Summary Proceedings

Violence and indecency

Includes serious assault, robbery, cruel and unnatural treatment of children, sexual assault, lewd and libidinous practices, indecent exposure and offences related to prostitution

Housebreaking

Includes housebreaking and attempted housebreaking.

Theft

Includes theft by opening lockfast places, theft of a motor vehicle, shoplifting and other theft.

Other dishonesty

Includes fraud, forgery, reset and other crimes of dishonesty

Criminal damage

Includes fire-raising, malicious mischief, vandalism and reckless conduct with firearms.

Handling an offensive weapon

Includes possession of an offensive weapon and having in a public place an article with a blade or point.

Drugs offences

Includes supply and possession of drugs.

Other crimes

Includes crimes against public justice.

Common assault

Includes common assault and resisting arrest.

Breach of the peace

Includes breach of the peace and offensive phone calls.

Drunkenness

Includes drunk and incapable, drunk in charge of child etc.

Wireless and Telegraphy Act

Offences under Wireless and Telegraphy Act 1949, mainly failure to pay television licence.

Other miscellaneous offences

Various statutory offences for example animal, pollution, health and safety, licensing and local government offences and breaches of probation or community service order.

Dangerous and careless driving

Road Traffic Act 1988, Sections 2 and 3.

Drunk driving

Road Traffic Act 1988, Sections 4-7, includes driving while under the influence of alcohol and drugs.

Vehicle excise license offences

Mainly failure to pay /display vehicle excise licence.

Speeding

Includes speeding, motorway and clearway offences.

Unlawful use of vehicle

Driving while disqualified or without appropriate licence, insurance or test certificate.

Other motor vehicle offences

Includes traffic direction, seat belt, lighting and construction and use offences.

Key to tables:

- = 0
* = Less than 0.5

If you have any comments or queries on the sentencing information please contact Sandy Taylor, Justice Statistics Unit, The Scottish Executive Justice Department, GW(Rear), St Andrew's House, Regent Road, Edinburgh, EH1 3DG.
(email: sandy.taylor@scotland.gsi.gov.uk )

The Court Affairs and Offenders Analytical Team provides research, statistical, and economic based information, advice, intelligence and commentary to a range of policy-makers and practitioners. Relevant publications include:

Evaluation of the 218 Centre (28/04/2006)

Criminal Proceedings In Scottish Courts, 2004/05 (27/04/2006)

The Operation and Effectiveness of the Scottish Drug Court - Research Findings (30/03/2006)

The Operation and Effectiveness of the Scottish Drug Court Pilots (30/03/2006)

Fire Statistics Scotland, 2004 (16/02/2006)

Criminal Justice Social Work Statistics, 2004-05 (31/01/2006)

Homicide in Scotland, 2004/05 (14/12/2005)

Use of Antisocial Behaviour Orders in Scotland: Report of the 2004/05 Survey (02/12/2005)

Criminal Appeal Statistics, Scotland, 2004/05 (30/11/2005)

Recorded Crimes and Offences Involving Firearms, Scotland, 2004/05 (25/10/2005)

Recorded Crime In Scotland, 2004/05 (25/11/2005)

Domestic Abuse Recorded by the Police in Scotland, 1 January - 31 December 2004 (26/09/2005)

The Law of Evidence in Sexual Offence Trials: Base Line Study (23/09/2005)

Prison Statistics Scotland, 2004/05 (26/08/2005)

Information on Victims and Witnesses in the Scottish Justice System (29/07/2005)

Information on Victims and Witnesses in the Scottish Justice System - Research Findings (29/07/2005)

Reconvictions Of Offenders Discharged From Custody Or Given Non-Custodial Sentences In 1999, Scotland (22/06/2005)

Evaluation of the Hamilton Youth Court Pilot 2003-2005 (15/06/2005)

Evaluation of the Hamilton Youth Court Pilot 2003-2005 - Research Findings (15/06/2005)

Scottish Court Service User Satisfaction Survey 2004 Final Report (17/02/2005)

These publications, and summaries of research findings, can be accessed on the Scottish Executive website at http://www.scotland.gov.uk .

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Page updated: Monday, November 27, 2006