Publication - FOI/EIR release

Section 275 of the Criminal Procedure (Scotland) Act 1995 application analysis: FOI release

Published: 2 Mar 2020

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

Published:
2 Mar 2020
Section 275 of the Criminal Procedure (Scotland) Act 1995 application analysis: FOI release
FOI reference: FOI/202000015742
Date received: 10 Feb 2020
Date responded: 25 Feb 2020
Information requested

You asked for:

The most up-to-date statistics regarding the number of s. 275 applications lodged and s.275 applications granted.

Response

A data analysis exercise on the use of applications made under section 275 of the Criminal Procedure (Scotland) Act 1995 was undertaken whereby details of relevant court cases over a sampling period of 3 months were provided by the Scottish Courts and Tribunal Service. This exercise looked at cases between 11 January 2016 and 11 April 2016.

The Cabinet Secretary wrote to the Justice Committee in June 2016 confirming that the exercise had concluded. It found the following:

  • There were a total of 57 applications made under s.275 (52 in the High Court and 5 in the Sheriff Court).

  • 51 applications were unopposed (48 in the High Court and 3 in the Sheriff Court)

  • 6 were opposed (4 in the High Court and 2 in the Sheriff Court)

  • 42 of the High Court cases were granted in full (for those remaining 5 were granted in part and 5 refused)

  • Only 1 case was granted in full in the Sheriff Court and 4 applications were refused).

Whilst the data provided was very useful, it was very high level. Rape Crisis Scotland were concerned that 89% of applications, in this period, were unopposed. However, without further information no conclusions could be drawn.

You might want to contact the Scottish Courts and Tribunal Service at enquiries@scotcourts.gov.uk to see if they could assist you with more detailed information.

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Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
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