Coronavirus (COVID-19): Justice Analytical Services Data Report - September 2021

Monthly data report on how the COVID-19 pandemic has affected the justice system in Scotland, including information from Police Scotland, Crown Office and Procurator Fiscal Service, Scottish Courts and Tribunals Service, and Scottish Prison Service.

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How crime flows through the Justice System

Incident reported

Crime classified & suspect charged

Incident is reviewed by Police to determine if it is a crime. If a crime, Police charge suspect (where possible) and issue:

  • a Fixed Penalty Notice or Recorded Police Warning,
  • a report to COPFS or
  • decide on no further action.

Police report the case to COPFS

The accused will be:

1. Kept in custody - Case called the next court day.

2. Released on an Undertaking - Accused told when to appear and may have bail conditions.

3. At liberty - If prosecuted, the accused will receive a citation stating the charge and when to appear.

Report marked by COPFS

Prosecutor decides if accused is prosecuted:

1. No action - e.g. not enough evidence.

2. Direct Measure - An alternative to prosecution, e.g. Fiscal Fine or warning letter.

3. Summary prosecution - JP or Sheriff Court (no jury)

4. Solemn prosecution - Sheriff or High Court (with jury)

Case heard & court outcomes

If the accused is found guilty in court, or tendered a guilty plea, then they can be given:

  • Custodial Sentence
  • Community Sentence
  • Monetary Penalty
  • Admonished/Dismissed
  • 'Other' disposal

Contact

Email: justice_analysts@gov.scot

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