Coronavirus (COVID-19): Justice Analytical Services data report - September 2020

Fourth release of a 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, courts and prisons.

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First substantive marking

When COPFS receive a report that someone has committed a crime the prosecutor must decide what action to take. This is recorded on the case as a “marking”. If a decision cannot be taken immediately, an interim marking may be recorded. When a substantive decision is reached a First Substantive Marking (FSM) is recorded, to indicate how the prosecutor has decided to proceed.

The number of accused given a FSM by COPFS is returning to pre-lockdown levels.

Fiscal Week Beginning
28 September 2020
19-20 weekly average Weekly average since lockdown % of 19-20 average
Accused given a First Substantive Marking 3,445 3,013 87%
Accused that are in the process of being marked (interim marked) 2,971 3,474 117%
Accused that have not begun the marking process
16,477 11,973 73%

FSM Reports ↔ Returning to 2019-20 levels

Unmarked ↓ Around a third lower than last year



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