Sentencing Trends in Scottish Courts, 2013-14 to 2022-23

Penalties

All penalties have decreased in number since 2013-14, in line with the number of convictions

• The greatest decrease is in financial penalties which have dropped by 47%
• In 2013-14, 55% of all sentences resulted in a financial penalty compared to 45% in 2022-23
• The smallest decrease is in community sentences which fell by 11%
• The proportion of all sentences resulting in a community sentence increased from 17% in 2013-14 to 24% in 2022-23

Financial penalties have seen the greatest fall since 2013-14

Figure 4: The number of penalties imposed in Scotland 2013-14 to 2022-23

Over the past 10 years, there has been a shift away from financial penalties towards community services

• In 2013-14, 55% of all penalties imposed were financial. In 2022-23, this has shrunk to 45%, but is still by far the most common sentence.
• Community sentences were imposed for 17% of all penalties in 2013-14, compared to 24% of all penalties in 2022-23.
• There has been no change in the proportion of convictions given custodial sentences between 2013-14 and 2022-23.

Since 2013-14 there has been a move from financial sentences towards community and other sentences

Figure 5: Sentences imposed in 2013-14 and 2022-23 by penalty type (percentage)

There is considerable variation in the penalties handed down for different crimes and offences

• Custodial sentences are most likely to be given for sexual crimes, crimes of dishonesty, miscellaneous offences and non-sexual crimes of violence.
• In all categories, the proportion of financial penalties has decreased while the proportion of community sentences have increased over the last 10 years.
• The largest shift was in sexual crimes where the proportion of community sentences has gone from 40% in 2013-14 to 56% in 2022-23 and financial penalties have decreased from 14% to 5%
• For road traffic offences, 87% of all penalties imposed in 2022-23 were financial penalties, a far higher proportion than for any other crime or offence. This is still a decrease from 94% in 2013-14
• The percentage of convictions resulting in custodial sentences has not changed much for any of the main crime groups over the last 10 years, with the exception of ‘Miscellaneous offences’.

The largest shift from financial to community penalties was for sexual crimes

Figure 6a: Sentences imposed in 2013-14 by penalty type (percentage)

Figure 6b: Sentences imposed in 2022-23 by penalty type (percentage)

Within crime groupings there was more variation

• In 2022-23, almost 100% of Murder and culpable homicide and Rape and attempted rape convictions resulted in a custodial sentence.
• Robbery and ‘other miscellaneous offences’ were the only other crimes where more than 50% of convictions were given custodial sentences

• 87% of convictions for road traffic offences resulted in financial penalties, this was fairly consistent across all road traffic offences
• Financial penalties were also the most common sentence for environmental offences, wildlife offences, crimes associated with prostitution and possession of drugs
• Community sentences were the most common sentence for all categories of sexual crimes with the exception of Rape & attempted rape

• Community sentences were also the most common sentence for domestic abuse, causing death by dangerous driving, fire-raising and supplying drugs

Murder & culpable homicide and rape/attempted rape have the highest percentage of sentences given custodial penalties

Figure 7: Percentages of sentences given custodial penalties by crime in 2022-23 (values less than 10% removed for clarity)

Community penalties were the most common penalty for sexual crimes

Figure 8: Percentages of sentences given community penalties by crime/offence in 2022-23 (values less than 10% removed for clarity)

Financial penalties were the most common penalty for all road traffic offences

Figure 9: Percentage of sentences given financial penalties by crime/offence in 2022-23 (most values less than 10% removed for clarity)

Custodial sentences have fallen most dramatically for crimes of dishonesty

Figure 10: Custodial sentences imposed by crime/offence, 2013-14 to 2022-23

• Since 2013-14 the number of people receiving a custodial sentence has followed a very similar pattern to that of all convictions.
• Non-sexual crimes of violence, crimes against society, crimes of dishonesty and damage and reckless behaviour have all seen a long term decrease the number of custodial sentences. They all experienced a sharp decrease in 2020-21 during the first year of the covid pandemic followed by an increase in 2021-22 and 2022-23.
• The exception to this is for sexual crimes where the number of custodial sentences has seen a long term increase.

Community sentences have increased for several categories of crime and offence

Figure 11: Community sentences imposed by crime/offence, 2013-14 to 2022-23

• The number of people given a community sentence also dipped during the first year of the covid pandemic, but for some crimes, the number then increased beyond pre-pandemic levels. (non-sexual crimes of violence, sexual crimes and road traffic offences)

Financial penalties given for road traffic offences have fallen by 51% but still account for more financial penalties than any other crime/offence

Figure 12: Financial sentences imposed by crime/offence, 2013-14 to 2022-23

• For crimes where the number of community sentences did see an overall decrease, this was generally a smaller decrease than for custodial sentences.

• There was a large decrease in the number of people given a financial sentence in all categories of crime and offence.
• This is especially true for road traffic offences which were down 51% compared to 2013-14.