Sexual Offence statistics: FOI release

Information requested

2021/22, 2022/23, 2023/24, 2024/25, and 2025 to date, broken down by financial year:

1. Number of individuals found guilty of a sexual offence who were given a suspended sentence. Please provide the aggregate figure, and also a breakdown by sexual offence.

2. Number of individuals found guilty of a sexual offence who were given a non custodial sentence. Please provide the aggregate figure, and also a breakdown by sexual offence. Please confirm whether this includes suspended sentences.

3. Total number of individuals found guilty of a sexual offence.

4. Number of individuals who were found guilty of the possession of indecent images of children who were given a suspended sentence.

5. Number of individuals who were found guilty of the possession of indecent images of children who were given non custodial sentences.

6. Total number of individuals found guilty of the possession of indecent images of children.

7. Number of individuals who were found guilty of child sex offences who were given a suspended sentence.

8. Number of individuals who were found guilty of child sex offences who were given a non custodial sentence.

9. Total number of individuals found guilty of child sex offences.

10. Please also confirm whether data on the number of child sex offences and offenders includes the possession of indecent images of children - or whether the categories are considered separately.

11. Please also confirm whether figures on non custodial sentences include suspended 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. Specifically, the data the Scottish Government publish on people prosecuted and convicted in Scottish courts (Criminal Proceedings in Scotland) does not include data on suspended sentences. Furthermore, the most recent available data is for the ten years from 2013-14 to 2022-23. We therefore cannot supply data for 2023-24 or 2024-25. You may wish to try contacting the Scottish Courts and Tribunal Services who may be able to provide this information: Freedom of Information | Scottish Courts and Tribunals Service.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have this part of the information you have requested.

In addition, some of the information you have requested is available from Criminal Proceedings in Scotland. Specifically, the number of people convicted of a main charge of a Sexual crime or Indecent photos of children is shown in Table 4b. This can be found by visiting Criminal Proceedings in Scotland, 2022-23 - gov.scot, clicking on “Supporting documents” and then “Criminal Proceedings in Scotland - 2022-23 - Main Tables”, or directly at: Criminal Proceedings in Scotland, 2022-23 - Main Tables . Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

Note: that with respect to “child sex offences” there is no statistical category with this name, nor is there a simple way to define one. The data used to produce Criminal Proceedings in Scotland does not include any information on victim(s), including their age at the time any crime occurred. For this response we have defined a “child sex offence” as being where the main charge (the one conferring the most severe penalty) specifies a child victim. This includes, for example, where the main charge was under Sexual Offences (Scotland) Act 2009 Part 4 (Children). This definition aims to encompass any sexual crime with a child victim however please note that it excludes some sexual crimes where there may have been a child victim (see response to 10, below) and also includes some where there may be no victim. In the latter case this is because for some crimes a conviction may be secured where a person only believes they are interacting with a child, such as via an online direct messaging service.

The data that we are able to provide is shown in the tables below and in the specific responses to your queries listed:

1. We do not hold data on suspended sentences (see above).
2. These are shown in Table 1, below. We do not hold data on suspended sentences.
3. These are shown in Table 4b of the Criminal Proceedings in Scotland bulletin (see link above).
4. We do not hold data on suspended sentences (see above).
5. These are shown in Table 1, below.
6. These are shown in Table 4b of the Criminal Proceedings in Scotland bulletin (see link above).
7. We do not hold data on suspended sentences (see above).
8. These are shown in Table 2, below. Please see above for the definition of “child sex offences”.
9. These are shown in Table 2, below. Please see above for the definition of “child sex offences”.
10. There is no specific category of “child sex offences” (see above for the definition applied for this response). These are treated separately to the Indecent photos of children category here as this category does not require a child victim. This is because the category covers the crimes of taking, distribution, possession etc of indecent photos of children. A pseudo-photograph, distribution or possession are sufficient to convict under this charge. See the Civic Government (Scotland) Act 1982 Section 52(1) for more details.
11. We do not hold data on suspended sentences (see above).

Table 1 People convicted in Scottish courts where the main charge was a Sexual crime and the main penalty was non-custodial, by main charge1, 2021-222 to 2022- 233

Financial Year
2021-222		2022-233
Total convicted	842	953
Rape & attempted rape	3	7
Sexual assault	146	247
Causing to view sexual activity or images	177	188
Communicating indecently	107	113
Threatening to or disclosing intimate images	68	56
Indecent photos of children	224	218
Crimes associated with prostitution	8	9
Other sexual crimes	109	115

​​​​​​​Table 2 People convicted in Scottish courts where the main charge1 was a child sexual offence, where identifiable4, 2021-222 to 2022-233

Financial Year
2021-22		2022-23
Total convicted	541	537
Non-custodial	401	390
Custodial	140	147

​​​​​​​Notes:

1. The main charge is the one conferring the most severe penalty.
2. Data for 2021-22 are affected by the pandemic, including reduced court capacities due to social distancing measures and delays to cases where key participants were forced to self-isolate following positive COVID tests. Figures for this year should not be considered indicative of long-term trends.
3. Data for 2022-23 are affected by the pandemic, particularly the court back log, and should not be considered indicative of long term trends.
4. See above for the definition of “child sex offences” applied in this response.​​​​​​​

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