Statistical Bulletin CrJ/1991/1 Criminal Proceedings in Scottish Courts, 1997

6. Verdicts (Table 4)

6.1 Eighty-eight per cent of persons called to court in 1997 were convicted of at least one charge, i.e. they had at least one charge proved against them or a plea of guilty accepted. Three per cent were acquitted on a "not guilty" verdict, and 1 per cent on a "not proven" verdict. The remainder (9 per cent) either had their case deserted by the prosecution or a plea of "not guilty" accepted.

6.2 Information collected prior to 1988 indicates that "not guilty" pleas are more frequent for the more serious crimes such as homicide. Acquittal rates are also higher for these crimes. In 1997 for example, 15 per cent of those prosecuted for serious assault and 21 per cent of those prosecuted for sexual assault were acquitted following a "not guilty" verdict. A further 6 per cent of those prosecuted for serious assault and 9 per cent of those prosecuted for sexual assault were acquitted following a verdict of "not proven". By contrast, 94 per cent of persons called to court for motor vehicle offences had a charge proved in 1997, with 1 per cent acquitted on a "not guilty" verdict and most of the remaining prosecutions either being deserted or having a plea of "not guilty" accepted.

6.3 Of those 6,500 persons acquitted in 1997, (4 per cent of all those called to court), 24 per cent received a "not proven" verdict compared with 23 per cent in 1996 and 21 per cent in 1995. The percentage of persons acquitted receiving a "not proven" verdict varied by type of crime. Generally it was higher for motor vehicle offences and crimes involving violence e.g. sexual assault, lewd and indecent behaviour, serious assault and fire-raising; it was lower for other types of crimes such as shoplifting and vandalism.

7. Age and Sex of Persons with a Charge Proved (Tables 5, 6(a) and 6(b))

7.1 In 1997, 63 males per 1,000 population had a charge proved against them compared with 10 females per 1,000 population. The difference between males and females was greatest for the younger age groups and least for those aged over 40. The numbers of 16 and 17 year old males per 1,000 population with a charge proved against them have fallen since 1987, by around a half for 16 year olds and a sixth for 17 year olds, though for 17 year olds the rate has risen slightly since 1994. Apart from a dip in 1993 and 1994, the number of females aged between 17 and 19 who had a charge proved per 1,000 population generally increased between 1987 and 1997. The rate for older age groups of females generally increased between 1987 and 1992, before declining slightly in the period up to 1997.

7.2 More males than females had a charge proved against them in almost all crime and offence categories in 1997. The exception is "other" crimes of indecency, where females accounted for 82 per cent of what are mainly offences related to prostitution. The other categories where the number of females with a charge proved formed a substantial proportion of the total were shoplifting (29 per cent) and the "other" miscellaneous offences category (26 per cent). The latter category mainly relates to non-payment of a television licence. These two categories accounted for 10 per cent and 16 per cent respectively of all females with a charge proved. The corresponding proportions for males were 4 per cent and 7 per cent.

7.3 In 1997, convictions for non-sexual crimes of violence accounted for 5 per cent or less of persons with a charge proved for all age and sex groupings, with the highest percentage being for males aged under 21. The main differences between age groups in the distribution of types of offence with a charge proved is accounted for by the higher proportion of motor vehicle offences for those aged over 21. For males and females aged under 21, 27 per cent and 31 per cent respectively of charges proved in 1997 were for crimes of dishonesty. Two-thirds of convictions for theft of a motor vehicle related to males aged under 21.

7.4 An individual may be proceeded against on more than one occasion over the course of the year, and persons aged under 21 are more likely than older offenders to have a charge proved on a number of occasions, and hence to be counted more than once. (Section 10 and Table 15 provide information on the number of individuals in each age group against whom a charge was proved.)

8. Sentencing (Tables 7 to 13)

NOTE: Some penalties are not strictly comparable with those in effect before 1988 (see Annex, note 17).

8.1 Between 1987 and 1997, the use of fines, the most common penalty, fell both absolutely and as a proportion of all penalties imposed. This is, in part, a result of those offences most likely to be punished by fines increasingly being dealt with outside the court, for example by "fiscal fines". It also reflects the increased use of other disposals including community sentences. Fines were imposed in 69 per cent of cases where a person had a charge proved against them in 1997, the same as in 1996 but 10 percentage points below the 79 per cent figure for 1987. In 1997, a fine was the most frequent penalty imposed for motor vehicle offences (92 per cent) and for miscellaneous offences (64 per cent). Although less commonly used for crimes, a fine was still the main penalty in 42 per cent of all successful prosecutions for dishonesty.

Chart 4: Index of penalties imposed, 1987-1997 (1987=100)

8.2 In 1997, the average fine imposed rose by 4 per cent to £170, compared with an average of £164 in 1996, £153 in 1995, £141 in 1994 and £126 in 1993. These increases follow the change on 1 October 1992 to the fines table, which increased the amount of fine that can be imposed at each level. Fifty-three per cent of all fines imposed in 1997 were £100 or less, and 22 per cent were £50 or less, compared with 77 per cent and 49 per cent respectively in 1987.

8.3 Other financial penalties were used much less frequently. Compensation orders, used as a main penalty, totalled 1,300 in 1997. They were most often used in addition to another penalty, generally a fine. In 1997, there was a total of 6,800 compensation orders imposed as either the main or secondary penalty, a decrease of 4 per cent compared to 1996 and 33 per cent below the peak recorded in 1988. Compensation was ordered on 4.5 per cent of occasions when a charge was proved in 1997 compared with 5.7 per cent of occasions in 1988. It was most frequently ordered in cases where the main crime or offence was vandalism, 53 per cent of persons with a charge proved in 1997. The average value of compensation order awarded was £244 in 1997, compared with £220 in 1996. Orders to find caution (pronounced "kay-shun"), where the offender is required to pledge a sum of money subject to their subsequent good behaviour, are very rarely used, accounting for 146 penalties in 1997.

8.4 The number of persons given a community service order in 1997 was 5,700, similar to the total for 1996. Since April 1991, community service orders may only be imposed where otherwise the court intended to impose a custodial sentence. (Probation with a requirement that the offender shall perform unpaid work is not so specifically targeted as an alternative to custody. Such disposals are included within the figures given for probation in this bulletin.) In 1997, persons with a charge proved most frequently received a community service order for serious assault (18 per cent of sentences), handling an offensive weapon (14 per cent), theft of a motor vehicle (13 per cent) and fire-raising (13 per cent). Thirty-three per cent of the crimes and offences for which persons with a charge proved were given a community service order were crimes of dishonesty.

8.5 The number of occasions on which persons were given probation in 1997 increased by 6 per cent to 6,800, over twice the number recorded in 1987. Probation was imposed on 24 per cent of offenders with a charge proved for lewd and indecent behaviour.

8.6 The number of custodial sentences imposed decreased by 4 per cent in 1997 to 16,200, following an average rise of 4 per cent a year between 1990 and 1996. As a proportion of all sentences, the use of custody has generally increased over the last 10 years, rising from 8 per cent in 1987 to 11 per cent in 1997. The rate of custody for most crimes and offences in 1997 was either the same as or slightly below the figure for 1996. The main exception to this was crimes of dishonesty, where increases in the proportion of custodial sentences were recorded in all categories except theft of a motor vehicle.

8.7 Custody is the most frequently used penalty for crimes involving violence. Excluding homicide, the categories with the highest proportions of persons with a charge proved receiving a custodial sentence were robbery (65 per cent), sexual assault (50 per cent) and serious assault (48 per cent). Forty-five per cent of those with a charge proved for housebreaking also received a custodial sentence. The increased use of custody recorded since 1988 for other miscellaneous offences is the result of including breaches of probation and community service orders in the figures for this group (see Annex, note 12). Forty per cent of all custodial sentences were imposed on persons with a charge proved for a crime of dishonesty in 1997 compared with 53 per cent in 1987.

8.8 Over half (56 per cent) of all custodial sentences in 1997 were for 3 months or less. The average length of determinate custodial sentences was over 7 months because of the effect of the relatively small number of long sentences. Crimes of violence were the most likely to attract long custodial sentences. Only 1 per cent of custodial sentences for crimes of dishonesty were for over two years compared to 28 per cent of custodial sentences for non-sexual crimes of violence, and 77 per cent of custodial sentences for sexual assault. The average length of sentence was 227 days in 1997, slightly below the 1996 figure of 229 days but 24 per cent higher than in 1987. Around half of those sentenced to custody for over two years in 1997 were given sentences of 4 years or more.

8.9 Admonition was the most common outcome (32 per cent of occasions) where a person had a charge proved in the "other" crimes of violence category. (Most of these crimes relate to cruelty to or neglect of children.) It was also used relatively frequently for non-motor vehicle offences. For example, 18 per cent of persons with a charge proved for drunkenness or for breach of the peace were admonished.

Sentencing by age and gender of offender

8.10 The pattern of penalties imposed in 1997 varied with the age and gender of the offender. Some of this variation reflects the different patterns of offending of different groups. In 1997, males of all ages were more than twice as likely to receive a custodial sentence as females, with males aged under 21 almost four times as likely to have a custodial sentence imposed than female offenders of the same age. Females accounted for 14 per cent of all persons with a charge proved but for 25 per cent of admonitions and for 17 per cent of all absolute discharges.

8.11 While the overall number of custodial sentences decreased by 4 per cent in 1997, this pattern was not replicated across all age groups. There was a 18 per cent rise in the number of females aged under 21 given custody, though at 130 the total number of such sentences was relatively small. For males aged over 30, there was a 1 per cent rise in the number of custodial sentences, while the number of such sentences for males aged under 21 and aged 21 to 30 fell by 5 per cent and 6 per cent respectively. The number of custodial sentences relating to females aged 21 to 30 and aged over 30 fell by 14 per cent and 22 per cent respectively .

8.12 The use of community service and probation increased for all age and sex groups in 1997, except for males aged under 21. For all those given community service, probation or custody, the proportion given custody fell from 69 per cent in 1987 to 56 per cent in 1997; this pattern was replicated for all male and female age groups. Most of the decline in this proportion occurred in the period 1988-1992, since when there has been little change, particularly for men. Within the overall fall of 1 per cent in the number of fines imposed in 1997, the only increase recorded was for males aged over 30. Within the 4 per cent fall for other penalties, mainly admonition, there were rises of 4 per cent for males and females aged under 21.