Thematic report on the prosecution of young people

Overview of Cases for Young People Reported to COPFS in 2016/17

30. There were 7,539 cases involving 8,043 young people (age 12 to 17 inclusive) reported to COPFS in 2016/17.^[54]

Nature of Offences

31. Chart 1 provides an overview of the offences reported for the 8,043 young people.^[55]

Chart 1

* Miscellaneous Crimes category includes offences of public disorder, assaults, stalking and a wide range of low-level and statutory offences.

* The Other Crimes group includes drugs offences, possession of offensive weapons and crimes against public justice, including breach of court orders.

Action Taken^[56]

32. Chart 2 provides a breakdown of the prosecutorial action taken.^[57]

• 47% were prosecuted: 35% in the sheriff summary court; 8% in the Justice of the Peace Court and 4% in the sheriff solemn court;^[58]

• 20% were referred to the Reporter;

• 21% were offered an alternative to prosecution:
  • 10% were offered diversion;
  • 5% received a written warning;
  • 5% were offered a fiscal fine, a compensation order, a combination of a fiscal fine and a compensation order or a fixed penalty;
  • 1% were offered a Fiscal Work Order.
• In 12% no action was taken.

Chart 2

Outcomes

33. Chart 3 provides a breakdown of the forum and outcome for all young people prosecuted.

Chart 3

• Of those prosecuted in the sheriff solemn court, there was a finding or plea of guilty in 59%, a finding of not guilty or a not guilty plea was accepted in 14%, 21% of cases were discontinued and in 6% proceedings were still ongoing.

• Of those prosecuted in the sheriff summary court there was a finding or plea of guilty in 70%, a finding of not guilty or a not guilty plea was accepted in 13%, 13% of cases were discontinued and in 4% the proceedings were still ongoing.

• Of those prosecuted in the Justice of the Peace court there was a finding or plea of guilty in 69%, a finding of not guilty or a not guilty plea was accepted in 4%, 22% of cases were discontinued and in 5% the proceedings were still ongoing.