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Summary Justice Reform Performance Report: October 2009 – September 2011

Stage 2 - Case Marking

National October 2009 - September 2011

Chart 4: Procurator Fiscal First Markings

Chart 4

Note: In this chart 'cases' refers to individual accused persons

Chart 4 shows Procurator Fiscal first markings over the two years from October 2009 to September 2011. The use of Fiscal direct measures continues to fluctuate from month to month. Over the last two years the overall trend in the volume of cases marked for prosecution in the Sheriff summary and District/JP courts has remained broadly stable. In the latest quarter (July - September 2011) 30,924 cases were marked for a Fiscal direct measure, 20,216 for prosecution in the Sheriff summary courts and 9,127 for prosecution in the JP courts. These volumes compare with some 29,850 Fiscal direct measures, 20,119 cases marked for the Sheriff summary courts and 10,673 cases marked for District/JP courts in the same quarter of 2010.

Chart 5: Number of cases marked for Procurator Fiscal Direct Measures, October 2009 - September 2011

Chart 5

Note: In this chart 'cases' refers to individual accused persons.

Chart 5 shows the number of cases marked for Procurator Fiscal direct measures over the last two years (October 2009 - September 2011). Overall, the use of Fiscal fines and combined Fiscal fines and compensation has increased, while the volume of Fiscal warnings has decreased. The use of Fiscal fixed penalties (which relate to road traffic offences) continue to be the most commonly used Fiscal direct measure. In the quarter from July - September 2011 a total of 11,856 cases were marked to receive of the option of paying a Fiscal fine, while 336 cases were marked for Fiscal compensation and 632 for a combined Fiscal fine and compensation order.

Chart 6: Procurator Fiscal First Marking Business Distribution, Quarter July - September 2011

Chart 6

Note: In this chart 'cases' refers to individual accused persons.

Chart 6 shows that in the current quarter (July - September 2011) 41% of cases marked by Procurators Fiscal were first marked for an offer of a Fiscal direct measure; 27% were marked for prosecution in the Sheriff summary courts and 12% were marked for prosecution in the JP courts.