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The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 created a new offence of 'Disclosing, or threatening to disclose, an intimate photograph or film.' The offence came into effect on 3 July 2017.

The Scottish Government produces statistics on the number of crimes recorded by the police, rather than the number of complaints made. The Recorded Crime in Scotland 2017-18 National Statistics will be the first to include information on the new offence and these will be published on 25 September 2018.

The Criminal Proceedings in Scotland 2017-18 National Statistics will be the first to include information on both people proceeded against and people convicted of disclosing or threatening to disclose an intimate image. These will be published in early 2019.

The Act makes provision in a number of areas. The provisions concerning the domestic abuse aggravation, mandatory jury directions in certain sexual offence cases, extension of courts' powers to impose non-harassment orders and extension of Scottish courts' extra-territorial jurisdiction over certain sexual offences against children were commenced in April 2017.

The new offence concerning the non-consensual sharing of intimate images came into effect in July 2017. As set out in the answer to S5W-17846 on 8 August 2018, the provisions which replace three existing civil protective orders (Risk of Sexual Harm Orders, Foreign Travel Orders and Sexual Offence Prevention Orders) with two new orders, Sexual Harm Prevention Orders and Sexual Risk Orders, have not yet been brought into force.

As set out in the answer to S5W-17840 on 8 August 2018, statistics on the number of offences recorded by the police will be published in September 2018 and statistics on criminal proceedings will be published in early 2019.

The Scottish Government monitors the effectiveness of legislation on an on-going basis in conjunction with justice system partners. There are no plans for a formal review of the implementation of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 at this time.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx.

The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 does not create a new power to impose Non-Harassment Orders. It amends provisions at section 234A of the Criminal Procedure (Scotland) Act 1995 concerning the powers of the criminal courts to impose a non-harassment order on an offender following an application from the Crown Office and Procurator Fiscal Service. These powers now extend to circumstances where an accused person is acquitted because of not being criminally responsible due to a mental disorder or where a court finds a person unfit to stand trial due to mental or physical condition, but establishes after hearing evidence that they did something that would constitute an offence involving misconduct towards another person.

The provisions concerning sexual harm prevention orders and sexual risk orders will, in due course, replace sexual offence prevention orders, foreign travel orders and risk of sexual harm orders when commenced. The UK Ministry of Justice first requires to amend reserved legislation to ensure that these orders would have effect in the other jurisdictions of the UK before they come into effect.

Officials visited one of Police Scotland’s Cyber Hubs in November 2017. Two visits took place to ensure all relevant parties were able to attend. Police Scotland provided tours of their facilities and an overview of their cyber capabilities. The Head of the Cybercrime Unit was present for parts of the visits. These visits were with the aim of fact-finding for officials and were not formal meetings, so no formal minute was taken. A brief note of the visits was prepared for internal circulation, detailing attendees and topics under discussion.

Separate discussions took place by telephone in April and May of 2018. No formal record of these conversations was made, as telephone conversations are not routinely minuted unless actions or decisions arise from them.

Establishment of the Victim Surcharge Fund (VSF) has taken longer than anticipated as we’ve undertaken detailed consideration and consultation with partners on the most effective mechanisms to operate and manage the VSF.

Our intention is to announce further details on the VSF, following the summer Parliamentary recess.

In the meantime, we are providing £17.9 million in 2018-19, to third sector organisations whose work supports victims of crime. This includes over £4.6 million to Victim Support Scotland, who continue to operate a Victims Fund to provide immediate and practical support to victims and their relatives in the aftermath of crime.

I refer the member to the answer to question S5W-12706 on 28 November 2017.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

'Up-skirting' is covered by specific sub-sections of the voyeurism offences (i.e. sections 4A and 4B of the offences at sections 9,26 and 36 of the Sexual Offences (Scotland) Act 2009.

The available information is provided in the following tables, which have been produced from the Scottish Government’s' criminal proceedings database .

Number of people prosecuted for specific voyeurism offences¹, 2011-12 to 2016-17 .

The table referred to in the question (Table A1) comes from the Recorded Crime in Scotland, 2016-17 National Statistics, rather than the Criminal Proceedings in Scotland report.

When police receive reports of historical crime, these are recorded in line with the legislation that pertained at the time of the incident. The heading ‘illegal homosexual acts’ is used to record a range of historical crimes (for example sodomy or indecent assault) which had they been committed from the 1 December 2010, would have instead been recorded as rape or sexual assault. This was the date the Sexual Offences (Scotland) Act 2009 was enacted, which does not distinguish offences on the basis of the victim or perpetrator’s gender.

Prior to the 1 April 2018, it is possible the heading ‘illegal homosexual acts’ may also have included any historical report of consensual sexual activity between adult males, which would be legal today. However, as demonstrated below, this is likely to have happened to a negligible extent, if at all. From the 1 April 2018 onwards, the guidance used by Police Scotland to record ‘illegal homosexual acts’ now notes that any reports of historic sexual acts between consenting same sex partners, which would if occurring today in the same circumstances no longer be a crime, will not be recorded as crimes regardless of the legislation in place at the material time. This amendment was made by the Scottish Crime Recording Board.

The data the Scottish Government receives from Police Scotland is a general count of the number of crimes and offences recorded by the police, split by local authority. We do not receive further details on the characteristics of these crimes and so are unable to provide a further breakdown of the 111 incidents recorded in 2016-17. However, in September 2017, the Scottish Government published a report presenting information about the characteristics of crimes recorded by the police for the ‘Other sexual crimes’ category. This project was based on a review of almost 1,200 randomly selected police crime records from 2016-17, including 35 out of the 111 ‘illegal homosexual acts’ referred to in the question. All of the 35 cases reviewed happened prior to 1 December 2010, and related to non-consensual sexual activity with a male victim. None of the cases randomly sampled related to consensual sexual activity.

In Scotland the system for the investigation of deaths is difference from the systems which exist in other jurisdictions within the United Kingdom. As such the Crown Office and Procurator Fiscal Service (COPFS) do not hold information which would enable this question to be answered and cannot undertake the comparison requested.

The Lord Advocate is responsible for the investigation of all sudden, suspicious and unexplained deaths which occur in Scotland. That is a function which the Lord Advocate exercises independently of any other person. Where a death requires investigation, this is undertaken on behalf of the Lord Advocate by COPFS. If, following the investigation, a Fatal Accident Inquiry (FAI) is to be held, the procurator fiscal makes the appropriate application to the Court, and the scheduling of the FAI is thereafter a matter for the Scottish Courts and Tribunal Service.

Where a death has occurred in another part of the United Kingdom, it is a matter for the appropriate one of Her Majesty’s Coroners, based in England and Wales or for the Coroners Service for Northern Ireland, to consider in accordance with their own systems of investigation of deaths whether a death should be investigated and whether a Coroner’s inquest should held.

Table A indicates, in relation to deceased whose deaths were reported to the Crown Office & Procurator Fiscal Service, during the financial years (1 April to 31 March) from 2010 -11 through to 2017-18, the time from the date of death to conclusion of evidence in FAIs that have been completed during this period.

Table B provides the same analysis but is specific to deceased whose deaths were reported to COPFS, during the same period, who died in prison custody, where FAIs into these deaths have had their evidence concluded.

It is important to note that there are investigations ongoing in relation to deaths of persons reported during this same period, where FAIs have yet to be concluded. Therefore the figures below, particularly in respect of the latter years, will vary in time as further FAIs are concluded.

Table A: