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Publication - Statistics

Criminal Proceedings in Scotland: 2023-2024

Published
9 December 2025
Directorate
Safer Communities Directorate, +1 more … Justice Directorate
Topic
Law and order, Public safety and emergencies

Statistics on criminal proceedings in Scottish courts and alternative measures to prosecution, 2014-2015 to 2023-2024.

Part of

Supporting documents

7. Custodial sentences

(Tables 7a, 7b, 8a, 8b, 8c, 9a, 9b, 10a, 10b, 10c and 10d)

Custodial sentence types

Custodial sentences comprise convicted people who are sent to prison or a young offenders’ institution. The number of custodial sentences given is affected by a range of factors, including the number of convictions in any given year and the types of crimes for which people are being convicted.

Courts will consider the full facts and circumstances of a case before deciding an appropriate sentence. This includes whether the offender has been convicted before and if there are any aggravating or mitigating circumstances. The Scottish Sentencing Council's Sentencing Factors details all of the factors that may influence a sentencing decision. Many of these cannot be captured by the data presented here.

Extended sentences and supervised release orders are for offenders who have served time in prison but have an additional post-release supervision period attached to their sentence (see Annex D for more details).

Please note these statistics only give the length of the custodial part of the sentence and not the length of the supervision period.

Because life sentences and Orders for Lifelong Restriction have no fixed end point, they are not used when calculating average custodial sentence length. More information on these types of sentences can be found in the Length of the Punishment Part of Life Sentences and OLRs section.

Year-on-year change

Between 2022-23 and 2023-24:

  • the number of people given a main penalty of a custodial sentence increased by 13%, from 8,930 to 10,094
  • custodial sentences increased from 13% of all sentences to 16% of all sentences
  • the number of people receiving a custodial sentence increased for every crime and offence group (other than Coronavirus restrictions)
  • the percentage of people convicted for Non-sexual crimes of violence who received a custodial sentence increased from 22% to 23%
  • the percentage of people convicted for Sexual crimes who received a custodial sentence increased from 33% to 35%
  • the largest proportional increase in custodial sentences was for Miscellaneous offences which rose by 50%
  • there was a 21% increase in the use of extended sentences and Supervised Release Orders, from 521 to 628
  • the average length of custodial sentences for all crimes increased from 386 to 393 days (2%)
  • custodial sentences up to three months increased by 12%, from 2,372 to 2,658 (Chart 11)
  • custodial sentences over three months to six months increased by 15% from 2,597 to 2,982 (Chart 11)
  • custodial sentences over six months to one year increased by 15% from 1,536 to 1,760 (Chart 11)
  • custodial sentences over one year to two years increased by 5% from 1,399 to 1,464 (Chart 11)
  • custodial sentences two years to under four years increased by 21% from 494 to 598 (Chart 11)
  • custodial sentences four years and over increased by 18% from 505 to 594 (Chart 11)

Chart 11. Long term declines in custodial sentences given are more pronounced for shorter sentences than longer sentences.

Custodial sentences given in Scottish criminal courts, by sentence length, 2014-15 to 2023-24.

A line chart showing time on the x-axis (the 10 financial years from 2014-15 to 2023-24) and number of custodial sentences on the y-axis (running from 0 to 6,000). Six lines show the numbers for sentences of: up to three months, over three months to six months, over six months to one year, over one year to two years, over two years to less than four years and four years and over. Sentences of up to three months are consistently the second most common, making up a little over 4,000 in 2014-15 and falling to between 2,000 and 3,000 in 2023-24. Sentences of over three months to six months are consistently the most common, making up over 5,000 in 2014-15 and falling to just under 3,000 in 2023-24. Sentences of over six months to one year are consistently the third most common, making up between 2,000 and 3,000 in 2014-15 and falling to between 1,000 and 2,000 in 2023-24. Sentences of over one year to two years are consistently the fourth most common, making up between 1,000 and 2,000 in both 2014-15 and 2023-24. Sentences of over two years to less than four years are typically the fifth most common, making up between 0 and 1,000 in 2014-15 and 2023-24. Sentences of four years and over are typically the least common, making up between 0 and 1,000 in 2014-15 and 2023-24.

Change over the 10-year span

Between 2014-15 and 2023-24:

  • the number of people given a custodial sentence decreased from 14,003 to 10,094, a fall of 28%
  • the proportion of convicted people given a custodial sentence increased from 13% to 16%
  • the proportion of people convicted for Non-sexual crimes of violence who received a custodial sentence increased from 21% to 23%
  • the proportion of people convicted for Sexual crimes who received a custodial sentence increased from 30% to 35%
  • there was a 17% increase in extended sentences and supervised release orders
  • the average length of custodial sentences for all crimes increased by 37%, from 286 days to 393 days (the potential drivers of this trend are explored further in the new Spotlight section of this bulletin)
  • the proportion of custodial sentences of one year or less decreased from 82% to 73%

Breakdown by offence type

In 2023-24:

  • 98% (43 of 44) of those convicted of Murder and culpable homicide were given a custodial sentence, this includes all 38 life sentences (which were for murder) in 2023-24
  • the average sentence length for Domestic Abuse (Scotland) Act 2018 was 1,000 days, 64% higher than in 2022-23 (Chart 12)
  • 99% of those convicted for Rape and attempted rape were given a custodial sentence (Chart 12)
  • the average sentence length for Rape and attempted rape was 2,564 days (Chart 12)
  • 29% of those convictions of Weapons possession were given a custodial sentence (Chart 12) (see the weapons possession table in the "supporting documents" accompanying this bulletin for more on this crime)

Chart 12. Murder and culpable homicide and Rape & attempted rape receive both the largest proportion of custodial sentences and the longest custodial sentences.

Average sentence length (excluding life sentences) given and proportion receiving custody, by crime type [note 1], 2023-24.

A diverging bar chart showing for the crime categories with the longest custodial sentences in 2023-24 their average custodial sentence length in days and the proportion of convicted people who received a custodial sentence. These are compared to the values for all crimes and offences, where 16% of convicted people received a custodial sentence and of those the average sentence length (excluding life and indeterminate sentences) was 393 days. The 25 crime categories shown are ordered from longest to shortest average custodial sentence length (excluding life and indeterminate sentences). Ninety-eight per cent of people convicted of a main charge of Murder and culpable homicide received a custodial sentence, with an average custodial sentence length of 3,488 days. Ninety-nine per cent of people convicted of a main charge of Rape and attempted rape received a custodial sentence, with an average custodial sentence length of 2,564 days. Forty-three per cent of people convicted of a main charge of Other crimes against society received a custodial sentence, with an average custodial sentence length of 1,214 days. Forty-four per cent of people convicted of a main charge of Serious assault and attempted murder received a custodial sentence, with an average custodial sentence length of 1,149 days. Twenty-one per cent of people convicted of a main charge of Domestic Abuse (Scotland) Act 2018 received a custodial sentence, with an average custodial sentence length of 1,000 days. Thirty-four per cent of people convicted of a main charge of Sexual assault received a custodial sentence, with an average custodial sentence length of 1,000 days. Eighteen per cent of people convicted of a main charge of Licensing offences received a custodial sentence, with an average custodial sentence length of 949 days. Eleven per cent of people convicted of a main charge of Other non-sexual violence received a custodial sentence, with an average custodial sentence length of 855 days. Twenty-five per cent of people convicted of a main charge of Indecent photos of children received a custodial sentence, with an average custodial sentence length of 676 days. Twenty-eight per cent of people convicted of a main charge of Drugs - Supply received a custodial sentence, with an average custodial sentence length of 663 days. Twenty-two per cent of people convicted of a main charge of Other sexual crimes received a custodial sentence, with an average custodial sentence length of 655 days. Sixty-one per cent of people convicted of a main charge of Robbery received a custodial sentence, with an average custodial sentence length of 639 days. Forty-three per cent of people convicted of a main charge of Fire-raising received a custodial sentence, with an average custodial sentence length of 607 days. Fifty-five per cent of people convicted of a main charge of Housebreaking received a custodial sentence, with an average custodial sentence length of 391 days. Twenty-one per cent of people convicted of a main charge of Causing to view sexual activity or images received a custodial sentence, with an average custodial sentence length of 389 days. Twenty per cent of people convicted of a main charge of Communicating indecently received a custodial sentence, with an average custodial sentence length of 367 days. Twenty-nine per cent of people convicted of a main charge of Weapons possession received a custodial sentence, with an average custodial sentence length of 343 days. Eighteen per cent of people convicted of a main charge of Fraud received a custodial sentence, with an average custodial sentence length of 335 days. Four per cent of people convicted of a main charge of Dangerous and careless driving received a custodial sentence, with an average custodial sentence length of 309 days. Nineteen per cent of people convicted of a main charge of Reckless conduct received a custodial sentence, with an average custodial sentence length of 303 days. Twenty-five per cent of people convicted of a main charge of Theft of a motor vehicle received a custodial sentence, with an average custodial sentence length of 301 days. Twenty-eight per cent of people convicted of a main charge of Other dishonesty received a custodial sentence, with an average custodial sentence length of 272 days. Eighteen per cent of people convicted of a main charge of Common assault, with an average custodial sentence length of 252 days. Thirty-one per cent of people convicted of a main charge of Theft by opening lockfast places, with an average custodial sentence length of 202 days. Fifty-two per cent of people convicted of a main charge of Theft from a motor vehicle, with an average custodial sentence length of 201 days.

Notes for Chart 12

Note 1. Excludes crime types where the number of people sentenced to custody was fewer than 30.

Breakdown by age and sex

In 2023-24:

  • males accounted for 92% (9,296) of all custodial sentences
  • 72% of males and 88% of females that received a custodial sentence, received a sentence of under one year
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