Prison Statistics Scotland, 1998

5. Total receptions to penal establishments (Tables 12 to 14)

Although the change described in this note does not directly affect the 1998 data, attention should be drawn to Annex Notes 2.2 to 2.4 which describe a change in the data collection procedures with effect from 1 April 1996. Prior to 1 April 1996, recording of reception information for statistical purposes was an onerous and time consuming task for prison staff and it was inevitable with such a large scale recording system that the coverage, completeness and classification of the data provided would be affected. The move to electronic receipt of data and the resultant changes in some reception categories (mainly crime and offence classifications) highlight this. In addition, during 1995 most establishments had to manage two systems: continuation of the submission of the manual statistical returns and the introduction of the Prisoner Records System. This undoubtedly resulted in some under-recording of receptions in the manual system during 1995 as effort was concentrated on the new Prisoner Records System roll-out. See Annex Notes 2.2 to 2.4 for further details.

Type of custody (Table 12)

5.1 Between 1997 and 1998 the number of remand receptions increased by 1 per cent from 14,826 to 14,995. The number of sentenced receptions totalled 20,755 in 1998, a decrease of 11 per cent compared with 23,202 in 1997. There are two main sentenced reception categories: direct and fine default. Direct sentenced receptions relate to those people who receive a custodial sentence as their initial disposal by the court and fine default receptions relate to those who are received to serve a term of imprisonment because they defaulted on the payment of a fine or compensation order which had been imposed by the court. The 11 per cent decrease in the total number of sentenced receptions was almost entirely due to a 22 per cent decrease in receptions in default of a fine which fell by 2,320 to reach 8,400 in 1998. The number of direct sentenced receptions decreased to 12,355 in 1998, down 1 per cent. The number of young offender direct sentenced receptions decreased from 2,784 in 1997 to 2,748 (down 1 per cent) and the number of adult direct sentenced receptions decreased from 9,698 to 9,607 (also down 1 per cent). Although there have been recent decreases in the number of adult direct sentenced receptions, over the ten year period 1989 - 1998 the total number of adult direct sentenced receptions has increased by 26 per cent.

Type of custody and sex (Tables 12A and 12B)

5.2 The number of female remand receptions increased proportionately more than the increase in male remand receptions, rising from 976 in 1997 to 1,108 in 1998, an increase of 14 per cent. Although female receptions in default of a fine fell by 15 per cent to 629, this compares with a 22 per cent decrease in male receptions. Female adult direct sentenced receptions rose by 7 per cent between 1997 and 1998 while female young offender direct sentenced receptions rose by 61 per cent. This is in contrast to the decreases of 1 per cent and 3 per cent respectively in male direct sentenced receptions.

Type of custody and court (Tables 13 to 13B)

5.3 In 1998 the number of receptions relating to individuals sentenced (direct and fine default) in the High Court was 950, for the Sheriff Court (under solemn and summary procedure) the number was 14,480 and for the District and Stipendiary Magistrate courts the number was 5,243. These figures equate to 5 per cent, 70 per cent and 25 per cent of all sentenced receptions respectively. The number of sentenced receptions emanating from District & Stipendiary Magistrate Courts decreased by 25 per cent (reflecting the decreased number of fine default receptions to custody during 1998) and this reduction accounted for nearly three-quarters of the decrease in sentenced receptions. There was a small increase in the volume of cases from the High Court, from 924 in 1997 to 950 in 1998 (up 3 per cent), while Sheriff Court business decreased by 5 per cent.

Relationship between sentenced reception and existing custodial sentence for sentenced receptions (Table 14)

5.4 Since 1990 information has been collected on the relationship between a reception and an individual's current ‘custody status’, i.e. whether (s)he was serving an existing custodial sentence. In 1998, as in 1997, 76 per cent of direct sentenced receptions related to people who had no existing custodial sentence. For those receptions relating to default of a fine/compensation order the corresponding figure was 80 per cent in 1998 (down 2 percentage points from the 1997 level). Ten per cent of direct sentenced receptions in 1998 were consecutive to an existing custodial sentence, while 13 per cent were to be served concurrently or part concurrently with an existing custodial sentence. The comparable figures for fine default in 1998 were 2 per cent and 18 per cent respectively. There were increases in the proportions of both direct and fine default receptions which were to be served concurrently with an existing sentence in 1998.

5.5. Information on sentencing patterns in Scottish Courts (statistical bulletin ‘Criminal Proceedings in Scottish Courts, 1998’) can be of use in providing a context for changes evident in the number of receptions to custody and the resultant prison population. In the past ten years, the court proceedings data has revealed an increased use of custody; from 8 per cent of all persons with a charge proved in 1989 to 11 per cent in 1998, though this proportion has remained stable since 1996. It is important to consider such trends when investigating changes in the prison population. There are three main elements which directly affect the prison population:-

In 1998 the volume of direct sentenced receptions decreased by 1 per cent (from 12,482 in 1997 to 12,355 in 1998) and the overall average sentence length imposed by the courts decreased by less than 1 per cent (from 287 days in 1997 to 284 days in 1998). Table 14 revealed an increased number of direct sentenced receptions to be served concurrently or part concurrently with an existing sentence. Thus, in 1998 these factors would have combined to reduce the total time to be served in custody by direct sentenced receptions.

6. Remand prisoners (Tables 15 to 15B)

6.1 Remand receptions increased from 14,826 in 1997 to 14,995 in 1998, an increase of 1 per cent. In 1998 there were 5,257 young offender remand receptions, 287 more than in 1997, an increase of 6 per cent. Adult remand receptions decreased by 1 per cent from 9,856 in 1997 to 9,738 in 1998. The number of female remand receptions increased by 14 per cent between 1997 and 1998 to reach the highest level in the decade.

6.2 Table A shows that the average period spent on remand decreased from 23.3 days in 1997 to 22.8 days in 1998 - a decrease of 2 per cent. (This average includes both types of remand receptions i.e. first received untried and first received convicted awaiting sentence.) This decrease in time spent on remand explains why the average daily population of remand prisoners was 1 per cent lower in 1998 than in 1997, in spite of the increase in remand

receptions.

Table A Remand receptions to penal establishments average period spent on remand, 1989-1998

7. Children on unruly certificates (Tables 16 to 18)

7.1 Tables 16 to 18 in the Appendix provide figures on children remanded in custody on an ‘unruly certificate’. Sections 24 and 297 of the Criminal Procedure (Scotland) Act 1975 provide that where a child over the age of 14 appears before a court charged with a crime or offence and the court considers that, because of the child's unruly character, release on bail or detention by a local authority is not appropriate, the child may be detained in the prison system, often at Longriggend Prison, on the authority of the court.

Sex and age (Table 16)

7.2 The number of unruly certificates received was 32 in 1998, compared with 49 in the previous year and continuing the decreasing trend noted since 1995. In 1998, 31 unruly certificates related to males and one to a female. The unruly certificate arrangements apply to children aged over 14 and, normally, under 16, although an upper age limit of 18 applies where a child is under a supervision requirement from a children's hearing. In 1998, as in most of the previous years, the majority of children held on unruly certificates were 15 years old, although the fall in the numbers held was concentrated in the age groups under 16. During 1998, four unruly certificates were received regarding 14 year olds, sixteen certificates were received in respect of 15 year olds and twelve certificates pertained to 16 year olds.

Main crime/offence (Table 17)

7.3 The crimes alleged to have been committed by children held on unruly certificates ranged widely. In 1998, there were 10 unruly certificate remands for alleged non-sexual crimes of violence, 9 fewer than in 1997. The number of unruly certificate remands for alleged crimes of dishonesty was 16.

Time spent in custody (Table 18)

7.4 The average time spent in custody (before sentence, if any) was 14 days in 1998 compared with 18 days in 1997, continuing the downward trend noted since 1994. During 1998 over 70 per cent of the time spent in custody on an unruly certificate was less than or equal to 14 days.

8. Young offenders under sentence (Tables 19 to 22B)

Sex and age (Tables 19 to 19B)

8.1 There were 2,624 male and 124 female receptions of young offenders under sentence in 1998. This compares with 2,707 males and 77 females in 1997. The number of male young offender direct sentenced receptions in 1998 was the lowest level experienced since 1991. However, female young offender direct sentenced receptions were at their highest level this decade.

Main crime/offence (Tables 20 to 20B)

8.2 Young offender direct sentenced receptions for non-sexual crimes of violence totalled 507 in 1998, a similar figure to that recorded in 1997. This included 147 receptions in which the main crime was serious assault, 153 receptions in which the main crime was handling an offensive weapon and 176 receptions for robbery. Direct sentenced receptions for crimes of indecency (20 in 1998) were similar to the number recorded in 1997 and earlier years. Direct sentenced receptions for crimes of dishonesty, which accounted for 51 per cent of all young offender direct sentenced receptions in 1998, were at the same level in 1998, at 1,406, as in 1997. The number of receptions for all offences, including e.g. petty assault, breach of the peace and motor vehicle offences, decreased by 5 per cent from 574 in 1997 to 548 in 1998.

8.3 Prior to 1 April 1996, if warrants were received at establishments with incomplete information, e.g. invalid or missing charges or charges emanating from other jurisdictions, then the manual system for collecting reception information forced establishments to contact the courts in order to obtain a description of the charge which would enable them to enter a main crime/offence code on the reception return. However, the Prisoner Records System (PRS) does not have the same requirement. The system has codes for ‘Unknown’ and ‘Other Jurisdiction’ charges. To accommodate these additional categories Tables 20 to 20B have been expanded to include rows depicting the numbers in each of these categories.

Sentence length (Tables 21 to 21B)

8.4 The small overall decrease of 1 per cent in the number of young offender direct sentenced receptions between 1997 and 1998, was reflected by decreases in most of the sentence length categories. The only substantial exception was the ‘Over 3 months - less than 6 months’ category where numbers rose by 49 (10 per cent). The average sentence length imposed for young offenders serving sentences of determinate length in 1998 was 233 days.

Average sentence length imposed by main crime/offence (Tables 22 to 22B)

8.5 Among the more common crimes and offences, the average sentence length imposed for determinate direct sentenced receptions of young offenders in 1998 ranged from 82 days (just under 3 months) for breach of the peace to 841 days (approximately 2 years 4 months) for crimes in the category serious assault and attempted murder. Twenty-two per cent of all young offender direct sentenced receptions for crimes of serious assault and attempted murder, 11 per cent of all such receptions for robbery and 2 per cent of drugs offences received sentences in excess of 4 years or more in 1998.

8.6 The small number of determinate direct sentenced receptions of female young offenders makes comparisons difficult. However, for the crime category in which there was a reasonable number of females — other theft — the average sentence length for males and females was similar (111 days and 110 days respectively), with a very similar distribution of receptions by sentence length category