Publication - FOI/EIR release

Prosecutions under Section 9, Sexual Offences Act 2009: FOI release

Published: 7 Dec 2017
Information request and response under the Freedom of Information (Scotland) Act 2002.
Published:
7 Dec 2017
Prosecutions under Section 9, Sexual Offences Act 2009: FOI release

FOI reference: FOI/17/02743
Date received: 13 November 2017
Date responded: 5 December 2017

Information requested

How many prosecutions have been made under Section 9 of the Sexual Offences Act 2009 in each of the following years: 2013, 2014, 2015, 2016, 2017 (in financial or calendar years, however this information is held).

Of those in question 1 and for the same time period:

(i) Please provide how many cautions were given

(ii) Please provide how many suspended sentences were issued

(iii) Please provide how many custodial sentences were issued and if possible the length of sentence.

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. The reasons why we don't have the information are explained below.

The latest available information is provided in these tables:

People prosecuted in Scottish courts under section 9 of the Sexual Offences (Scotland) Act 2009, where main charge, 2012-13 to 2015-16

2012-13 2013-14 2014-15 2015-16
Total prosecutions 11 17 15 31
Total receiving custodial sentence 1 5 1 5
Length of sentence:
Over 6 months to 1 year 1 - - 2
Over 1 year to 2 years - 3 1 2
Over 2 years to less than 4 years - 2 - -
4 years & over - - - 1

People given non-court disposals under section 9 of the Sexual Offences (Scotland) Act 2009, where main charge, 2012-13 to 2015-16

2016-16
Early and Effective Intervention 1

Source: Sottish Government Criminal Proceedings database

Reasons for not providing information

The Scottish Government does not have the information you have asked for relating to suspended sentences as the courts in Scotland have no power to impose suspended sentences. Please note that formal police cautions do not apply in Scotland but we have provided non-court disposals relating to fiscal and police penalties.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG