Seòmar agus comataidhean

The Scottish Government publish accredited official statistics annually, which include information on diversions from prosecution and are available on the Scottish Government website. The Scottish Government statistics are not directly comparable to the COPFS figures and the Scottish Government statistics should be preferred for statistical purposes.

COPFS operates a live, operational database to manage reports submitted to Procurators Fiscal by the police and other reporting agencies throughout Scotland. This system is designed to support the operational needs of criminal case processing, rather than for statistical analysis, and the information within it is structured accordingly.

Due to the way that decisions on diversions are recorded on this database, in order to provide an accurate response to the question regarding sexual assault cases, a manual check of the relevant cases has been undertaken.

For consistency, the Scottish Government’s classification of “sexual assault” has been adopted.

Based on the results of those manual checks, the following table has been compiled. It includes numbers of cases in which the accused was offered diversion and following that offer, the diversion was considered completed or is still considered ongoing.

The overall numbers of cases containing an allegation of sexual assault (which have not been checked) are provided as a point of comparison.

The Scottish Government publish accredited official statistics annually, which include information on diversions from prosecution and are available on the Scottish Government website. The Scottish Government statistics are not directly comparable to the COPFS figures and the Scottish Government statistics should be preferred for statistical purposes.

COPFS operates a live, operational database to manage reports submitted to Procurators Fiscal by the police and other reporting agencies throughout Scotland. This system is designed to support the operational needs of criminal case processing, rather than for statistical analysis, and the information within it is structured accordingly.

Due to the way that decisions on diversions are recorded on this database, in order to provide an accurate response, a manual check of the relevant cases would be required.

Individuals accused of offences may be reported to COPFS on multiple charges. The table below presents the number of accused persons reported to COPFS where the first substantive marking indicates possible diversion. These figures reflect the number of accused persons, not the number of charges. As it has not been possible to conduct manual checks of this volume of cases, the following table should be taken as indicative.

Diversion is a process by which prosecutors are able to refer a case to social work or other identified agency as a means of addressing the underlying causes of offending when this is deemed the most appropriate course of action in the public interest.

Such intervention can be particularly effective in cases of children’s offending, changing the direction of young lives for the better and is consistent with the obligations on the Crown Office and Procurator Fiscal Service (COPFS) under the United Nations Convention on the Rights of the Child.

In July 2023, the Lord Advocate ordered a review of how prosecutors deal with diversion from prosecution and referral to the Children’s Reporter in cases of serious sexual offences such as rape. The review has concluded and as a result, a new Statement of Prosecution Policy, which focuses on cases involving children, was published.

From 28 April 2025, all decision making in solemn level sexual offences cases involving child accused are made by reference to the terms of the new policy.

The Scottish Government publish accredited official statistics annually, which include information on diversions from prosecution and are available on the Scottish Government website. The Scottish Government statistics are not directly comparable to the COPFS figures and the Scottish Government statistics should be preferred for statistical purposes.

COPFS operates a live, operational database to manage reports submitted to Procurators Fiscal by the police and other reporting agencies throughout Scotland. This system is designed to support the operational needs of criminal case processing, rather than for statistical analysis, and the information within it is structured accordingly.

Due to the way that decisions on diversions are recorded on this database, in order to provide an accurate response to the question regarding rape cases, a manual check of the relevant cases has been undertaken.

Based on the results of those manual checks, the following table has been compiled. It includes numbers of cases in which the accused was offered diversion and following that offer, the diversion was considered completed or is still considered ongoing.

The overall numbers of cases containing an allegation of rape (which have not been checked) are provided as a point of comparison.

I refer the member to the answer to question S6W-38853 on 27 June 2025. The National Child Sexual Abuse and Exploitation Strategic Group has now met to discuss Baroness Casey's audit on group-based child sexual exploitation and abuse. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

The group noted ongoing Scottish Government and Police Scotland activity to consider the audit’s findings and recommendations and the linkages with a number of areas already identified in the group’s workplan, including data development, supporting multi-agency information sharing and improving practitioner training and education on identifying and responding to child sexual abuse and exploitation. The group will discuss the audit again at its next meeting on 8th October.

The peer review has now concluded and the feedback shared by the reviewers is currently under consideration by the research paper author, Mr Malcom McMillan. Once that process, and any further action needed has concluded, including consideration of the consultation, we will publish the paper and it remains that we expect to be able to do that no later than the end of this year.

The peer review has now concluded and the feedback shared by the reviewers is currently under consideration by the research paper author, Malcolm McMillan. Once that process, and any further action has concluded, we will publish the paper and it remains that we expect to be able to do that no later than the end of this year.

The common law offence of misconduct in public office does not operate in Scotland. However, there is a comparable common law offence in Scots law of wilful neglect of duty.

Separate to common law, there are also some specific offences relating to the police in terms of failure to perform duty. These are contained in section 22 of the Police and Fire Reform (Scotland) Act 2012 and are the offence of being absent from duty and the offence of neglecting or violating a constable’s duty.

The following table provides data from the Crown Office and Procurator Fiscal Service (COPFS) on the number of charges related to these offences. However, this data cannot be disaggregated by the occupation or role of the accused person (though this is otherwise identified for the specific charge of Constable of Police Service of Scotland did neglect or violate duty).

Table: Number of Charges reported to COPFS related to culpable neglect of duty.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

If a prison officer is suspected of engaging in corrupt practices, SPS will implement its Anti-Corruption Policy and Guidance. Where information suggests that a prison officer has participated or has become involved in corrupt activity, those matters will be progressed in accordance with SPS’ Code of Conduct policy.

If information exists to suggest that corruption may have, or is alleged to have taken place, the matter will be referred to Police Scotland who will determine whether any criminal proceedings should be brought against those thought to be involved.

The specific criminal offences that a prison officer could be charged with will depend on the nature and extent of corrupt behaviour and/or activity that they have been found or alleged to have participated in.

While the vast majority of staff adhere to the highest standards of conduct, SPS is always vigilant to any potential corruption within establishments. Maintaining the safety and security of Scotland’s prisons is and remains, an absolute priority.

Information is not held centrally on the full range of individual characteristics that Police Scotland collect in their crime recording system. Further advice may be available from contacting them directly through the office of the Chief Constable. It is an operational matter for Police Scotland to determine the specific categories of information gathered and recorded, in the pursuit of their duties.