Publication - FOI/EIR release

Prosecution statistics on pavement cycling by adults: FOI release

Published: 21 Oct 2021

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

Published:
21 Oct 2021
Prosecution statistics on pavement cycling by adults: FOI release
FOI reference: FOI/202100242839
Date received: 23 Sep 2021
Date responded: 30 Sep 2021
Information requested

Information on the prosecution of adults in Scotland who cycle on the pavement, over the last three financial years for which statistics are available:

  • How many prosecutions there have been or fines issued?
  • How many reports were made by Police Scotland to the Crown Office and the disposal decided upon by the Crown Office?

Any other information you can supply about detection and prosecution would be very helpful, such as can Police Scotland issue fines on the spot and if so how many were issued and paid?

Response

The following information is taken from the Scottish Government Criminal Proceedings database and the latest available data 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.

Our records show there were no people prosecuted in Scottish courts for the offence of cycling on a pavement during 2017-18 to 2019-20. Such an offence would be prosecuted under the Roads (Scotland) Act 1984, Section 129(5).

Direct measures (non-court disposals) can be used by Police Scotland and the Crown Office & Procurator Fiscal Service (COPFS) as an alternative to prosecution. Our database shows there no financial penalties issued, however, 1 adult did receive a Fiscal Warning in 2017-18. Further information on direct measures can be found here Criminal Proceedings in Scotland, 2019-20 - gov.scot (www.gov.scot) and here Police and fiscal warnings, fixed penalty notices and compensation - mygov.scot.

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. We do not hold information on the number of reports submitted by Police Scotland to COPFS or subsequent action or how many fines have been paid.

However, you may wish to contact COPFS at foi@copfs.gov.uk.

The Scottish Courts and Tribunals Service (SCTS) administer the collection of fines, you may wish to contact them at foi@scotcourts.gov.uk.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some of 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 Andrews House
Regent Road
Edinburgh
EH1 3DG