Publication - FOI/EIR release

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

Published: 26 Oct 2018

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
26 Oct 2018
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
 
Information requested
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.
 
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. 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.
 
Reasons for not providing information
 
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.  
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