A consultation on how Official Statistics present information on recorded crime and related topics

We are not sure that we fully agree with the supporting principles outlined at paragraph 20 of the consultation that relates to consistency across the framework. We support the concept of consistency but consider that the proposed differentiation between the collation of “offences” and “crimes” would not be readily understood as one being more serious than the other. Classification of crime may be by common 5 law crimes and statutory offences.

It would be beneficial to acknowledge not only this distinction but for each offence to list after its name the relevant statutory provision where it refers. There are a great number of offences covered by the production of these Official Statistics. It would be helpful for have them designated by relevant provisions where applicable. We make this point too in relation to the Sexual Offences (Scotland) Act 2009.

We recognise the reference to “victim- reported activity” but would sound a word of caution in that victim may be seen as a somewhat emotional context and the term “complainer” would adequately cover that position. Not all crimes which involve a victim are reported so this should be made clear.

The question of consideration of the views of who uses criminal statistics is important for the reasons highlighted above. These statistics are collated and should be available for the public in a readily accessible consistent local and relevant manner. They should be readily understandable.

If there are changes to be made, it is important that statistics continue to allow for effective comparison over the relative time periods. This is essential in order to understand and develop trends and make comparisons.

Any increase in the number of crime and offence groups for which statistics are obtained will help in the overall quality of the statistics which are being produced. What seemed to be unclear regarding the consultation was how the production of the Official Statistics are to be future proofed.

We welcome the updating of crime and offence groups too to reflect better on the changes being made with the introduction of new crimes and offences such as the Domestic Abuse (Scotland) Act 2018. As significant new crimes come into force, how are the Official Statistics to reflect that. It may be that these are reviewed annually but a regular commitment to an annual review would be good and also horizon scanning too about future changes.

We are content with the creation of that group provided what comprises “serious assault” is clearly understood by those consulting or referring to the Official Statistics.

There is a reference in paragraph 28 of the consultation to a reduction in recorded crime.

We understand that recent reporting of these Official Statistics has indicated an increase in violent crime with crimes recorded by the police in Scotland having increased by 1% from 244,504 to 246,480.6

We refer to our earlier observations to Question one above regarding the definition of “offences” and “crimes.” We have no further comment to make other than there needs (as highlighted in our answer to Question Four) to be an explanation as to what types of offences or crimes may be included under the term “other violence.” This requires specification as we would surmise that not all looking or considering the Official Statistics necessarily understand what is meant by an assault.

This seems a sensible approach if it is clearly understood what is meant by injury. This refers to the question of serious too referred to in Question Three. Serious as far as prosecution is concerned usually refers to a broken bone but not a nose. Presumably, the collation of these statistics will come from the convictions arising from the indictments or complaints in court rather than what was charged or reported by the police. Would injury include spitting? Does injury include any injury or injury only resulting following medical treatment?

We have no comment to make.

Yes.

This seems to be a sensible approach as there is much focus on these crimes and their incidence with many interested in tracking trends in domestic abuse as well as measuring the effect of the recently implemented legislation.

Stalking might be included but it is noted that it may not always arise in a domestic context as defined in the legislation such as the Domestic Abuse (Scotland) Act 2018 (2018 Act).7

There may also be merit in seeking clarity on what will be recorded as domestic abuse. According to the consultation, this will present statistics specifically in relation to crimes recorded under 2018 Act. The 2018 Act criminalises a course of conduct as regards the substantive offence. However, there may other types of crimes, most commonly we would suggest breach of the peace and assault where they may have a domestic abuse aggravator. Would these be recorded?

We have no comment to make.

We have no comment to make other than to suggest that there needs as highlighted above information which refers to specific sections of the relevant legislation such as the Sexual Offences (Scotland) Act 2009 for the purposes of clarity.

There seems to be merit in continuing to record this information. This monitors the incidence of such conduct and though there may be a discretion as to any prosecution being instructed, we do not consider that the problem has necessarily disappeared with all the social ramifications which apply. These crimes are still being reported so they should be included within the Official Statistics.

We have no further comment to make.

Yes.

The scope of crimes of dishonesty is very wide. There may be merit in breaking down such categories to ensure that the recording of fraud, IP crime and other forms of white-collar crime common law crimes can be shown individually. For instance, where would bogus workman fraud fall? If there is a general category of fraud, this may well be too wide to be meaningful. There may be merit in identifying trends in fraud as small scale taxi frauds should not equate with large scale fraud. Does this category include embezzlement of Department of Works and Pensions fraud?

We have no comment other than to query the inclusion of reckless conduct. Does this equate in all circumstances with fire-raising etc? Is that not culpable and reckless conduct?

We have no comment to make.

We would support this name.

We refer to our comments in relation to Question one on the definition of “offences” and “crimes.” Possession of drugs are still subject to prosecution. These still provide meaningful information that needs to be recorded.

We have no comment to make.

Apparently, this includes “Children & young person offences (not elsewhere classified).” We wonder what particular offences this is to refer to as this seems vague. Could this be made clearer?

That seems a sensible approach as that is what they are.

Is the term “cyber-enabled crimes” is understandable by the public? There may be merit in including a footnote so that there is clarity possibly by using the Home Office Report8 though within COPFS, we did not find a definition to indicate what crimes would be included under this category.9

We understand that these include traditional crimes, which can be increased in their scale or reach by use of computers, computer networks or other forms of information communications technology. They are differentiated from cyber-dependent crimes which can be used without technology.

It is important for these to be recorded though there are a range of offences where there is an inevitable overlap with fraud. Victims too may be businesses or individuals.

We understand that the incidence of these type of offences is increasing10 as outlined by Police Scotland stating at:

“Online credit card fraud and other cyber-enabled crimes continue to be an increasing threat, according to the latest figures issued by Police Scotland. The Quarter 4 Management Information Report provides in-depth information about the service and recorded crime across the country. The data, while not official statistics, relates mainly to crime recorded by Police Scotland but some information about incidents and some survey data are also included. It covers the period from April 1, 2017 to March 31, 2018.”

According to the consultation, the approach taken currently to the grouping and presentation of police recorded crime statistics is also used in other publications on related topics such as the National Statistics on Criminal Proceedings in Scotland11 (which presents information on the outcome of court proceedings). The consultation also states that to:

“ensure the existing level of continuity between these different statistics is maintained, it is very likely that any changes made to how criminal activity is presented within the police recorded crime bulletin will also be fully reflected within the other statistical bulletins. Statisticians responsible for those other products have contributed to the production of this consultation and would like to invite their own users to respond if they have any views.”12

We would be interested in these views and how they are factored in at the conclusion of this consultation.

Separately, the Criminal Appeals Statistics publication was previously also available. This was however discontinued after a stakeholder consultation in May 2009 due to a lack of demand. It is suggested that it might be useful to organise another consultation on whether it may be of interest to re-introduce such a publication in order to present a fuller statistical picture across Scotland. This information is of considerable use and interest to researchers and professionals including academics working in the criminal law and justice areas.