Question reference: S5W-34380
- Asked by: Adam Tomkins, MSP for Glasgow, Scottish Conservative and Unionist Party
- Date lodged: 8 January 2021
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Current status: Answered by James Wolffe QC on 2 February 2021
Question
To ask the Scottish Government how many times in (a) 2018, (b) 2019 and (c) 2020 charges were brought, or libelled, for the common law offence of culpable and reckless conduct.
Answer
The following table sets out the number of charges of culpable and reckless conduct at common law reported by Police Scotland to COPFS in the calendar years 2018, 2019 and 2020. It should be noted that a single charge which is reported to COPFS may relate to a number of different incidents which have occurred.
The following table also sets out the outcomes for the charges reported to COPFS in the calendar years requested. When a charge is reported to COPFS, prosecutors will decide whether there is sufficient evidence in law, and, if so, whether it would be in the public interest to take prosecutorial action in relation to the charge. Where it is decided that prosecutorial action would be appropriate, the prosecutor will select the appropriate action, which may be the initiation of proceedings in court, or an alternative to prosecution (including warning letters, fiscal fines, fiscal compensation orders, referral to the Children’s Report and diversion).
There are a number of cases awaiting a decision, including those where further information has been requested.
Calendar Year Reported | ||||
2018 | 2019 | 2020 | ||
Total Charges Reported | 1,070 | 1,040 | 1,681 | |
No Action | 163 | 74 | 83 | |
Alternative to Prosecution | 109 | 76 | 108 | |
Proceeded in Court | 591 | 647 | 897 | |
Not Separately Actioned | 172 | 185 | 203 | |
No Decision | 35 | 58 | 390 | |
“Not Separately Actioned” relates to charges that were not actioned (either through prosecution or an alternative to prosecution) but where other charges for the same accused within the same case were actioned. Those other charges which were actioned may have included details from the charges which were not actioned.
The information provided is taken from the Crown Office and Procurator Fiscal Service live operational database. The information provided may therefore be subject to change as the Service’s systems are updated.