(All 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 2.)
4.1 In 1998, the total number of persons proceeded against decreased by 8 per cent to 159,200, continuing the gradual decline from the figure of 200,900 recorded in 1991. Decreases were recorded for all broad crime and offence groups, apart from crimes of indecency where the number of persons proceeded against increased by 8 per cent to 1,500.
4.2 The number of persons proceeded against where the main charge was a non-sexual crime of violence, fell by 6 per cent to 5,300 between 1997 and 1998. This overall decrease reflected decreases in the number of persons proceeded against for each category of crime except "other" crimes of violence (up 4 per cent to 311). The number of persons proceeded against for non-sexual crimes of violence in 1998 was generally similar to or below the figure for 1988 in all categories except for handling offensive weapons, where the number prosecuted in 1998 was, despite decreases in the last 2 years, 84 per cent higher than the total in 1988.
4.3 Most of the 8 per cent rise in 1998 in the number of persons proceeded against for crimes of indecency was due to a 16 per cent increase in "other" crimes of indecency, in particular a 29 per cent increase for offences related to prostitution. Since 1988, the numbers of persons proceeded against each year for sexual assault and for lewd and indecent behaviour have varied around 200 and 400 respectively.
4.4 The number of persons proceeded against for crimes of dishonesty in 1998 decreased by 5 per cent to 30,300. This was 12,700 (30 per cent) less than the number of persons proceeded against for a crime of dishonesty in 1988. Compared with 1997, there were decreases in 1998 in all but one category in this crime group, ranging from 5 per cent (other theft) to 14 per cent (theft by opening lockfast places). The one exception to this was shoplifting, where the number of persons proceeded against increased by 5 per cent to 8,400, the fourth successive annual increase.
4.5 The number of persons proceeded against for fire-raising and vandalism decreased by 7 per cent to 5,500 in 1998. This total represented a decrease of just over a quarter compared with the 1988 figure.
4.6 The number of persons proceeded against for drugs offences in 1998 was 8,200, similar to the total for 1997 but over three times the number proceeded against in 1988. The 14 per cent fall in 1998 in the number of persons proceeded against for crimes against public justice mainly reflects the consequences of 1995 legislation on the way in which offences committed by persons while on bail are classified in the statistics on court proceedings. (See section 9 and Annex note 12 for further details.)
4.7 The number of persons proceeded against for miscellaneous offences decreased by 8 per cent to 47,600 in 1998. Decreases were recorded for both simple assault (down 4 per cent to 15,200) and breach of the peace (down 7 per cent to 20,700). The number of persons proceeded against for drunkenness fell by 20 per cent to 800. This continued an established downward trend: the number of persons prosecuted for drunkenness decreased by 77 per cent between 1988 and 1998.
4.8 The total number of persons proceeded against for motor vehicle offences decreased by 10 per cent to 54,600 in 1998. This reflected decreases in the number proceeded against for each crime category except speeding, which increased by 2 per cent to 12,000. For many of the more minor motor vehicle offences there was a shift away from persons being proceeded against in court following the introduction of various alternatives to prosecution during the 1990s. (More detailed information on motor vehicle offences proceeded against in Scottish courts is included in a separate series of statistical bulletins, Motor Vehicle Offences in Scotland.)
5.1 Of those persons against whom the procurator fiscal instigates proceedings, nearly all are called to court. The introduction of fixed penalties in 1983 for certain motor vehicle offences had a substantial impact, resulting in reduced numbers of such offences being dealt with in the courts. The removal of these cases (which mainly resulted in fines) also caused an increase in the proportion of cases resulting in more serious sentences. Some reduction in the sheriff court workload may also have resulted from the extension of the powers of the district court to deal with further minor statutory offences (mainly motor vehicle offences). However, the introduction of police conditional offers in 1993 led to a reduction in district court workload. The number of persons called to the district court and the stipendiary magistrates court in 1998 were, respectively, 30 per cent and 34 per cent below the number called in 1988.
5.2 Over half (58 per cent) of the 158,800 persons called to court in 1998 were dealt with in the sheriff court. In that year, the number of persons called to the sheriff court fell by 6 per cent to 92,500. There was also a fall of 7 per cent to 57,200 in the number of persons called to the district court in 1998, while the number called to the stipendiary magistrates court fell by 22 per cent to 7,800. The most serious cases go to the High Court, which is the only court with the power to impose custodial sentences of over 3 years. A total of 1,225 persons were called to the High Court in 1998, a 10 per cent decrease compared with 1997.
Chart 3: Index of persons called to court by type of court, 1988-1998 (1988=100)
Chart 3
6.1 Eighty-eight per cent of persons called to court in 1998 were convicted of at least one charge, i.e. they had at least one charge proved against them or a plea of guilty accepted, resulting in a total of 139,800 convictions. Three per cent were acquitted on a "not guilty" verdict, and 1 per cent on a "not proven" verdict. The remaining 9 per cent either had their case deserted by the prosecution or a plea of "not guilty" accepted.
6.2 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 crimes. In 1998 for example, 21 per cent of those prosecuted for serious assault and 26 per cent of those prosecuted for sexual assault were acquitted following a "not guilty" or "not proven" verdict. By contrast, 95 per cent of persons called to court for motor vehicle offences were convicted in 1998, with 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.
6.3 Of the 5,500 persons acquitted in 1998, (3 per cent of all those called to court), 22 per cent received a "not proven" verdict compared with 24 per cent in 1997 and 23 per cent in 1996. The proportion of persons acquitted receiving a "not proven" verdict varied by type of crime. It was generally higher for non-sexual crimes of violence and crimes of indecency and lower for other types of crimes such as shoplifting and criminal damage.
6.4 Chart 4 illustrates the trends between 1988 and 1998 in the number of convictions for a selection of crimes. It shows the threefold increase in the number of convictions for drug offences, the 59 per cent decrease in housebreaking convictions and the upturn in the last few years for shoplifting convictions. Also shown is the impact of recent legislation on carrying knives and on consuming alcohol in public places.
Chart 4: Number of Convictions for Selected Crimes, 1988-1998
Chart 4