The Scottish Government

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2 Key Points

Court proceedings

• In 2005/06, an estimated total of 142,200 persons were proceeded against in court, a decrease of 5 per cent on 2004/05, and 19 per cent below the figure of 174,500 recorded in 1996/97.

Verdicts

• In 2005/06, an estimated 89 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 128,400 convictions.

Convictions

• Crime categories to show an increase in convictions between 2004/05 and 2005/06 included common assault (up 3 per cent to 14,000), and breach of the peace (up 1 per cent to 16,300). The 4 per cent increase in convictions for crimes of indecency is due to a 16 per cent increase for "other" (which mainly comprise offences related to prostitution). Decreases included non-sexual crimes of violence (down 14 per cent to 2,100), crimes of dishonesty (down 11 per cent to 17,500), motor vehicle offences (down 6 per cent to 44,500) and fire-raising and vandalism (down 4 per cent to 4,800).
• Sheriff summary courts accounted for over three-fifths (61 per cent) of all persons convicted in 2005/06, with solemn courts accounting for a further 4 per cent. The number of persons convicted in 2005/06 in the district and stipendiary magistrates courts (45,600) represented a decrease of 5 per cent compared with 2004/05 and a decrease of 30 per cent compared with 1996/97.

Sentences

• The total number of custodial sentences imposed by courts in 2005/06 was just under 16,000, a 4 per cent decrease from 2004/05. Over 80 per cent of all custodial sentences were for six months or less; the average length of determinate custodial sentences in 2005/06 was just under seven months.
• In 2005/06, the total number of convictions resulting in a community sentence was just under 16,500, a decrease of 3 per cent compared with 2004/05. However, this was the second year in a row that community sentences have outnumbered custodial sentences. In 2005/06, community sentences mainly comprised sentences of a probation order (just over 9,000) or a community service order (5,300). The average length of community service orders imposed in 2005/06 was 146 hours. Other community sentences available in 2005/06 included restriction of liberty orders (1,200 sentences) and drug treatment and testing orders (800 sentences).
• In 2005/06, 63 per cent of all convictions resulted in a fine (62 per cent) or compensation order (1 per cent) as the main penalty, compared with 69 per cent of all convictions in 1996/97. The average amount of fine imposed in 2005/06 was £212 (excluding fines imposed upon companies). The average value of compensation order imposed was £281.
• In 2005/06, female offenders accounted for 15 per cent of all convictions for males and females, 8 per cent of custodial convictions and 25 per cent of other sentences (mainly admonishments). This compares to 15 per cent, 5 per cent and 25 per cent, respectively, in 1996/97.

Characteristics of individual offenders

• The peak age for conviction in 2005/06 was 18. Seven per cent of 18 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 2005/06; the corresponding proportion for females was 1 per cent.
• Of the 48,900 individuals convicted at least once in 2005/06 for a crime or relevant offence, 65 per cent had at least one such previous conviction in the previous ten years; 12 per cent had over ten such previous convictions.

Bail Orders and Offences

• The total number of bail orders made in 2005/06 was 56,900, an increase of 7 per cent from 2004/05. Increases between these years have been greatest for the main charge categories of "other" crimes (which includes crimes against public justice) (up 18 per cent), "miscellaneous" offences (which includes breach of social work orders, racially aggravated harassment and various other statutory and common law offences) (up 21 per cent), and breach of the peace (up by 16 per cent). There have been decreases for the categories of crimes of dishonesty (down by 5 per cent) and non-sexual crimes of violence (down by 2 per cent). The total number of bail orders made in 2005/06 (56,900) is an increase of 42 per cent from 2001/02. However, the number of bail orders granted expressed as a percentage of the numbers of crimes cleared up by the police has shown an overall increase from 6 per cent in 2001/02 to 8 per cent in 2005/06.
• Over half (51 per cent) of the total number of bail orders made in 2005/06 were accounted for by the main charges of crimes of dishonesty (20 per cent of all orders), common assault (19 per cent of all orders), and breach of the peace (12 per cent of all orders). Males accounted for 84 per cent of all orders made. Most bail orders made were issued at Sheriff Courts (89 per cent of all orders made).
• Of the total of 176,600 offences with a charge proved in 2005/06, 25,600 (14 per cent) had a bail aggravator recorded against them, indicating that these offences were committed while the offender was on bail. Crimes and offence categories with a relatively high percentage of bail aggravator recording include crimes of dishonesty (27 per cent), "other" crimes of indecency (28 per cent), robbery (20 per cent), crimes against public justice (30 per cent) and handling an offensive weapon (20 per cent). Crimes and offence categories with a relatively low percentage of bail aggravator recording include serious assault and attempted murder (9 per cent), lewd and indecent behaviour (4 per cent) and motor vehicle offences (7 per cent).

Motor vehicle offences

• The total number of motor vehicle offences recorded by the police in 2005/06 was 374,300, a decrease of 11 per cent on the total for 2004/05. Speeding offences accounted for 45 per cent of all motor vehicle offences recorded by the police in 2005/06.
• In 2005/06 the police made 240,600 conditional offers of a fixed penalty, a decrease of 14 per cent compared with 2004/05. Sixty-five per cent of the offers in 2005/06 related to speeding offences. Just under 17,000 conditional offers were made in respect of the offence introduced in December 2003 of driving while using a mobile telephone.
• The number of motor vehicle offences which resulted in a charge proved in court in 2005/06 was 66,600, a decrease of 8 per cent compared with 2004/05.
• For an estimated 83 per cent of offences proceeded against in 2005/06, the charge was proved or accepted. A fine was the most common penalty, imposed for 80 per cent of charges proved or accepted. In addition to the main penalty imposed, 31 per cent of offences resulted in a disqualification from driving and a further 47 per cent in an endorsement of the offender's driving licence.
• The average fine imposed for motor vehicle offences with a charge proved in 2005/06 was £178, compared with £182 in 2004/05. The average length of driving ban imposed was 20 months, the same as in 2004/05.
• A total of 99,400 fixed penalty notices were issued by the police for stationary vehicle offences in 2005/06, 67 per cent of which were for parking and waiting offences and 32 per cent for failing to display a road tax disk. The total number of fixed penalty notices decreased by 6 per cent compared with 2004/05, however much of the decrease in the number of notices issued in recent years has reflected the decriminalisation of parking infringements in particular areas.
• The total number of penalty charge notices for parking infringements issued in 2005/06 by those councils which operated these civil penalty schemes was 545,900, an increase of 6 per cent compared with 2004/05. Revenues from these notices and from vehicle removals totalled £16.9 million in 2005/06.
• In 2005/06, City of Edinburgh and Glasgow City accounted for the great majority of penalty charge notices issued, 45 per cent and 36 per cent of the total respectively.

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