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CHAPTER NINE: ANALYSIS OF 'LOST CASES'
9.1 An early aim of the research was to establish the number of cases that are lost to the victim statement scheme due to the offender pleading guilty from custody at the first opportunity and being sentenced immediately, without an adjournment. 138 Where this happened, it was not possible for the victim to be offered the opportunity to make a victim statement.
9.2 Court records at Edinburgh, Kilmarnock and Ayr Sheriff Courts were examined in order to assess the extent of the lost case problem. The period of analysis was 25 November 2003 (the date of commencement of the pilot victim statement schemes) to 31 January 2004 inclusive. 139 The findings are presented in Table 9.1. 140
Table 9.1: The extent of the lost case problem
| Number of VS cases where the accused appeared from custody | Number of these in which the accused pled guilty | Number of lost cases (because offender sentenced immediately) | Estimate of number of lost cases over 12 month period |
|---|
Edinburgh Sheriff Court | 138 | 13 | 2 | 15 |
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Kilmarnock Sheriff Court | 70 | 12 | 5 | 26 |
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Ayr Sheriff Court | 36 | 4 | 1 | 6 |
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9.3 As Table 9.1 shows, there were 2 lost cases in Edinburgh, 5 in Kilmarnock and one in Ayr. Assuming that these figures remain relatively constant over a 12 month period, the number of lost cases per year in Edinburgh, Kilmarnock and Ayr can be estimated at 15, 26 and 6 respectively (as the final column of Table 9.1 shows). These figures demonstrate that lost cases account for only a very small proportion of the total number of cases qualifying for the victim statement scheme and thus do not represent a major problem.
9.4 The slightly higher figure for Kilmarnock is possibly due to accused persons being more likely to plead guilty on first appearance at Kilmarnock Sheriff Court and to the sentencing sheriffs being less likely to adjourn before sentencing. Evidence to support both of these claims was found by the researchers in an earlier project involving Kilmarnock Sheriff Court (Leverick and Duff, 2001). Even in Kilmarnock, however, the number of lost cases is still small, especially when considered in relation to the total number of eligible cases. 141
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