Archive for Law

Thematic Report on Knife Crime

This report was published in July 2011.

“When in 2006 the Lord Advocate Colin Boyd QC addressed a Violence Reduction Unit seminar in Edinburgh and announced new more robust prosecution policies on the prosecution of knife crime, he pledged “continued, on-going energies of the Crown Office and Procurator Fiscal Service” in tackling knife crime. It was said that the goal of the new prosecution policy on knife crime was “to send a strong deterring message to those who commit knife crime”.”

“The overarching conclusion based on our inspection of 440 cases is that there is a very high compliance with the policy outlined by the Lord Advocate.”

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Statistical Bulletin: Crime and Justice Series: Criminal Proceedings in Scotland, 2009-10

This report was published in January 2011.

“This bulletin forms part of the Scottish Government series of statistical bulletins on the criminal justice system. Statistics are presented on criminal proceedings concluded in Scottish courts during 2009-10 and, for the first time, detailed information on a range of disposals issued by the Police and by the Crown Office and Procurator Fiscal Service ( COPFS) has been included. To reflect this change, the title of the bulletin has been amended (from Criminal Proceedings in Scottish Courts).”

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Death of a Good Name – Defamation and the Deceased: A Consultation Paper

This consultation paper was published in January 2011.

“The 2006 consultation paper, Making Sure That Crime Doesn’t Pay, noted that ” the issue of defamation of homicide victims is not discussed in this consultation but it remains under consideration separately with a view to possible consultation in the context of other work on defamation…“. Subsequently, much attention has been devoted to this issue by the Public Petitions Committee of the Scottish Parliament and consideration of Public Petition PE504, which was lodged in May 2002 has led to the Committee’s conclusion that a Scottish Government consultation exercise is the appropriate way to take this issue forward. Further information about the petition is available at: www.scottish.parliament.uk/business/petitions/docs/PE504.htm.”

An online response form is available.

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Inspectorate of Prosecution in Scotland Annual Report 2009-2010

This report was published in November 2010.

“This is my third report as Her Majesty’s Chief Inspector of Prosecution in Scotland since the office was established as a statutory one in April 2007 by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.

My duty in terms of the legislation is to secure the inspection of the Crown Office and Procurator Fiscal Service and to submit to you, the Lord Advocate, a report on any particular matter connected with the operation of the Crown Office and Procurator Fiscal Service which you refer to me.

As seems to be the norm now the past 12 months have produced cases and issues of considerable importance to the Prosecution Service in Scotland. In particular the impending decision of the Supreme Court in the Cadder case is likely to have far reaching consequences for all parts of the criminal justice system. The results of the UK Government’s Spending Review are also likely to impact for many years.”

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The Experience of Civil Law Problems in Scotland 1997-2004

This report was published in November 2010.

“This paper provides a narrative synthesis of existing evidence, from four surveys on the prevalence and outcomes of problems or events for which a legal remedy is available (variously called civil law, civil legal, civil justice, civil and social justice or justiciable problems) among the population of Scotland .

The four surveys are

  • SCC survey - Civil Disputes in Scotland (Scottish Consumer Council 1997)
  • Paths to Justicesurvey – Paths to Justice (Genn and Paterson 2001)
  • Microcosm survey – The Public Perspective on Accessing Legal Advice and Information: A Microcosm Study (Scottish Executive 2001)
  • Assessing Need survey – Assessing Need for Legal Advice in Scotland (Scottish Executive 2004)

The purpose of the paper is to provide context and a baseline for the findings of the Scottish Crime and Justice Survey ( SCJS): Civil Justice Module, which will run from 2008 to 2013.”

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Criminal Justice and Licensing (Scotland) Act 2010 – Commencement Order justice circular (JD/6/2010)

This circular was published in October 2010.

“A justice circular (JD/6/2010) confirming the commencement of sections 38 and 97 of the Criminal Justice and Licensing (Scotland) Act 2010 on 6 October 2010.”

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Recorded Crimes and Offences involving Firearms, Scotland, 2009-10

These statistics were published in October 2010.

“This bulletin is part of a series of bulletins produced by the Scottish Government on the criminal justice system. It covers those crimes and offences recorded by the police in which a firearm was alleged to have been used or where a firearm was stolen.

  • In 2009-10, the Scottish police recorded 839 offences in which a firearm was alleged to have been used, a decrease of 12 per cent from the total number of recorded offences in 2008-09 (951). This is the lowest reported total for the 10 year period covered by this bulletin. ( Table 1)
  • The number of attempted murders involving a firearm decreased by 52 per cent, from 23 in 2008-09 to 11 in 2009-10. The number of recorded serious assaults involving a firearm increased by 19 per cent between 2008-09 and 2009-10 (16 to 19 offences). ( Table 1)
  • Ninety-five vandalism offences involving the alleged use of a firearm were recorded in 2009-10, falling by 26 per cent from 2008-09. The number of minor assaults involving a firearm increased by 15 per cent, from 142 in 2008-09 to 164 in 2009-10. The number of robberies involving the use of a firearm remained unchanged at 91 offences recorded in both 2008-09 and 2009-10. ( Table 1)
  • There was a decrease in the number of offences of reckless conduct with a firearm, falling by 14 per cent from 227 in 2008-09 to 196 in 2009-10. The number of ‘other crimes and offences’ decreased by 12 per cent from 194 in 2008-09 to 171 in 2009-10. ( Table 1)
  • The use of firearms in criminal activity continued to constitute only a small proportion of all offences recorded by the police in 2009-10; 2.5 per cent of recorded homicides (two offences), 2.0 per cent of recorded attempted murders (11 offences), and 3.6 per cent of recorded robberies (91 offences). In each of the remaining three categories, less than 0.5 per cent of offences involved the alleged use of a firearm. ( Table 2)
  • Air weapons accounted for 51 per cent (426) of all offences involving the alleged use of a firearm in 2009-10, compared to 46 per cent (441) in 2008-09. ( Table 3)
  • The number of offences in which a firearm was discharged and subsequently killed or caused personal injury, increased by 12 per cent from 137 in 2008-09 to 154 in 2009-10. ( Table 5)
  • Of the 154 main victims who were injured during a recorded firearm offence in which a weapon was alleged to have been fired in 2009-10, 105 were male (68 per cent) and 49 were female (32 per cent). There were no reported offences in 2009-10 involving the shooting of a police officer causing injury. Forty-three main victims were aged between 11-15 years (28 per cent) and 25 victims were aged 10 years or under (16 per cent). ( Table 10)
  • In 2009-10, 61 per cent of all offences in which a firearm was alleged to have been used were cleared up, an increase from 59 per cent in 2008-09 and the second highest clear-up rate recorded in the 10 year period covered by this bulletin. ( Table 11)
  • The Strathclyde police force area, which contained 43 per cent of the estimated population of Scotland in 2009, accounted for 48 per cent (404) of all offences in which a firearm was alleged to have been used in 2009-10 (Source: General Register Office for Scotland, mid-year population estimates, Scotland). ( Table 13)
  • There have been a number of changes in police recording practices since 2005-06, along with a clarification of the scope of the firearms return (see Annex 5.15 – 5.19). These changes should be taken into account when considering the above main points.”

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Victims in the Criminal Justice System

This report was published in October 2010.

“This is the first in a series of four joint inspections by the Inspectorate of Prosecution in Scotland and Her Majesty’s Inspectorate of Constabulary in Scotland into how victims are treated within the criminal justice system in Scotland.

In 2001, the Scottish Government document “The Scottish Strategy for Victims; hereafter called The Strategy, was launched. It was developed in response to developments throughout Scotland, Europe and internationally, including the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.

The three main objectives of The Strategy are:-

1. To ensure information provision to victims (both in respect of the criminal justice system generally but also concerning the case in which they are involved).

2. To ensure provision of emotional and practical support to victims.

3. To achieve greater participation by victims in the criminal justice system.”

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Guidance on the Sexual Offences (Scotland) Act 2009

This report was published in October 2010.

The Scottish Government has published guidance to the Sexual Offences (Scotland) Act 2009 legislation.

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Her Majesty’s Inspector of Constabulary for Scotland: Annual Report 2009/10

This report was published in October 2010.

“There are three sections to the report. In Chapter 1, there is an overview of the work of the Inspectorate and our developing inspection model. This is set within the context of the wider, shared scrutiny agenda and the introduction of new opportunities for discussion.

Chapter 2 is the main focus of the report. It covers my findings from our inspection activity throughout 2009/10 at both a national level and individually by constabulary area. It highlights the invaluable collaborative work that has taken place between the Inspectorate and other scrutiny bodies.

In Chapter 3, I look to the future and outline our plans for developing self-evaluation and our other inspection tools, in order to re-focus the work of the Inspectorate on the challenges that lie ahead.”

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