Coronavirus (COVID-19): Justice Analytical Services data report - August 2021

Monthly data report on how the COVID-19 pandemic has affected the justice system in Scotland, including information from Police Scotland, Crown Office and Procurator Fiscal Service, Scottish Courts and Tribunals Service, and Scottish Prison Service.

How crime flows through the Justice System

Incident reported

Crime classified & suspect charged

Incident is reviewed by Police to determine if it is a crime. If a crime, Police charge suspect (where possible) and issue:

  • a Fixed Penalty Notice or Recorded Police Warning,
  • a report to COPFS or
  • decide on no further action.

Police report the case to COPFS

The accused will be:

1. Kept in custody - Case called the next court day.

2. Released on an Undertaking - Accused told when to appear and may have bail conditions.

3. At liberty - If prosecuted, the accused will receive a citation stating the charge and when to appear.

Report marked by COPFS

Prosecutor decides if accused is prosecuted:

1. No action - e.g. not enough evidence.

2. Direct Measure - An alternative to prosecution, e.g. Fiscal Fine or warning letter.

3. Summary prosecution - JP or Sheriff Court (no jury)

4. Solemn prosecution - Sheriff or High Court (with jury)

Case heard & court outcomes

If the accused is found guilty in court, or tendered a guilty plea, then they can be given:

  • Custodial Sentence
  • Community Sentence
  • Monetary Penalty
  • Admonished/Dismissed
  • 'Other' disposal



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