People prosecuted under section 11 of Sexual Offences (Scotland) Act 2009: FOI release

FOI reference: FOI/18/02742
Date received: 1 October 2018  
Date responded: 22 October 2018

 

How many prosecutions have been made under Section 11 of the Sexual Offences Act 2009 in each of the following years: 2014, 2015, 2016, 2017, 2018 (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 reports were made to Police Scotland under Section 11 which were not prosecuted (iii) Please provide how many custodial sentences were issued and if possible the length of sentence.

 

 

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. However, you may wish to contact Police Scotland at foi@scotland.pnn.police.uk who may be able to help you. The reasons why we don’t have the information are explained below.
 
The answers to question 1 and (iii) are provided in the following table.  Information for 201718 will be available in early 2019 following publication of our ‘Criminal Proceedings in Scotland, 2017-18’ statistical bulletin.  The dates of all Scottish Government Official and National Statistics publications are pre-announced, and the up to date list of future publications can be found at:  https://www.gov.scot/Topics/Statistics/ForthcomingPubs.

 

 

The Scottish Government does not have the information you have asked for because: (i) Please provide how many cautions were given - formal police cautions do not apply in Scotland.  More information is available via this link https://www.mygov.scot/police-fiscal-warning-penalty/ 

Our database shows there were no direct measures against section 11 for this time period.

(ii) Please provide how many reports were made to Police Scotland under Section 11 which were not prosecuted – this information is not held centrally. Police Scotland may receive a report of a crime but not have sufficient evidence to refer the case on to the Crown Office & Procurator Fiscal Service. 
 
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.