Prosecutions and Convictions for 'Upskirting' 2011-2019: FOI request

Information requested

How many prosecutions and convictions there have been under s.43 Criminal Justice and Licensing (Scotland) Act 2010 which amended s.9 Sexual Offences (Scotland) Act 2009 on "upskirting" between 2011-2019.

Response

The amendment to section 9 of the Sexual Offences (Scotland) Act 2009 provided for offences of 'upskirting' to be prosecuted under subsections (4A) and 4(B). The answer to your question is provided in the following table where these offences were the main charge.
Please note that the latest available data is for the financial year 2017-18. Data for 2018-19 will be available at the end of 2019 following publication of the 'Criminal Proceedings in Scotland 2018-19' statistical bulletin.

People prosecuted under s9(4A)&(4B) of the Sexual Offences (Scotland) Act 2009, where main charge, 2011-12 to 2017-18

Main charge	2011-12	2012-13	2013-14	2014-15	2015-16	2016-17	2017-18
Total prosecuted: of which all resulted in a conviction	2	2	4	1	4	3	3
SECTION 9(1)&(4A)	1	1	3	-	4	1	2
SECTION 9(1)&(4B)	1	1	1	1	-	2	1
People receiving a non-court disposal: of which were Fiscal Warnings
SECTION 9(1)&(4A)	-	1	-	-	1	-	-

Source: Scottish Government Criminal Proceedings database

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