Number of breaches of non-harassment orders: FOI release

Information requested

How many Police cautions and how many prosecutions have been made with regard to breaches of The Harassment Act 1989

Response

There is no record of an act called The Harassment Act 1989 to be found on the Legislation website: Legislation.gov.uk. We have therefore provided data for breaches of non-harassment orders and the relevant legislation used in the proceedings for the last 10 years.

Please note that formal Police cautions do not apply in Scotland and direct measures (non-court disposals) would be used instead. Further explanation on direct measures is available online from Criminal Proceedings in Scotland, 2019-20 - gov.scot (www.gov.scot) annex D: D11-D12 and also Police and fiscal warnings, fixed penalty notices and compensation - mygov.scot.

The Scottish Government Criminal Proceedings database is not a live system and the latest available information is for the financial year 2019-20. Statistics are presented on the number of people dealt with by the Scottish Criminal Justice System where proceedings have concluded.

The answer to your question is provided in the following tables.

There were no Police direct measures issued for breaches of non-harassment orders for the period 2010-11 to 2019-20.

People issued with a Fiscal Warning for breaches of non-harassment orders, 2010-11 to 2019-20

Crime/offence	Charge	2010- 11	2011- 12	2012- 13	2013- 14	2014- 15	2015- 16	2016- 17	2017- 18	2018- 19	2019- 20
Total		-	-	2	-	1	-	1	-	-	1
Breach of non harassment order (civil court)	PROTECTION HARASSMENT 1997 SECTION 9(1)(A)	-	-	-	-	-	-	-	-	-	1
Breach of non harassment order (criminal court)	CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 SECTION 234A(4)	-	-	2	-	1	-	1	-	-	-

People prosecuted in Scottish courts for breaches of non-harassment orders, where main charge, 2010-11 to 2019-20

Main crime/offence	Main charge	2010- 11	2011- 12	2012- 13	2013- 14	2014- 15	2015- 16	2016- 17	2017- 18	2018- 19	2019- 20
Total prosecuted		10	20	31	65	133	157	199	209	269	269
Breach of non-harassment order (civil court)	PROTECTION HARASSMENT 1997 SECTION 9(1)(A)	3	6	4	12	13	18	27	26	28	29
	PROTECTION HARASSMENT 1997 SECTION 9(1)(B)	2	-	1	3	1	5	6	8	10	7
Breach of non- harassment order (criminal court)	CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 SECTION 234A(4)	5	14	26	50	119	134	166	175	231	233

Source: Scottish Government criminal proceedings database

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.