A SLAP ON THE WRIST FOR 40,000 CRIMINALS
Scots offenders let off with fines, warning letters... or a CHAT with their social worker
SOARING numbers of criminals including violent thugs are being let off with fines, warning letters – and even chats with social workers.
Figures indicate that in nearly one in four cases, offenders in Scotland are now receiving softtouch ‘punishments’ to help
ease pressure on the creaking courts.
And more than 40,000 criminals were handed fines, warnings or similar measures last year.
The Daily Mail has learned that procurators fiscal are coming under growing pressure to cut the number of prosecutions amid the extra strain on the justice system caused by court closures.
Last night, Scottish Tory justice spokesman Liam Kerr said: ‘It appears more criminals are avoiding court proceedings altogether, which will certainly not deter potential offenders or reassure victims.
‘In addition to these figures, over 11,000 criminals will now avoid prison as a result of the SNP’s proposals to abolish prison sentences of less than
a year. Victims will rightly begin to wonder if the SNP is more committed to keeping criminals out of jail than enforcing the law or protecting the public.’
Crown Office figures show the total number of ‘criminal reports’ sent from police to prosecutors in the first six months of the 2017-18 financial year, from April to October 2017, was 107,882.
Of these offences, 5,275 were dealt with through warning letters, while there were 14,157 fiscal fines or compensation orders to victims, via courts.
Fiscal fines of up to £300 are issued by prosecutors, which mean the offender is spared a court appearance and escapes a full criminal record.
Last year it emerged that victims of crime have been denied more than £500,000 in compensation, with violent thugs and sex offenders among those who defaulted. In April to October 2017, some 6,344 offenders were let off with ‘other non-court disposals’, largely ‘diverlence sions from prosecutions’, such as social work consultations.
The remainder of the cases were either prosecuted in court, or there were other outcomes such as prosecutors deciding not to take action, for example because of a lack of evidence.
This means that in 25,776 out of the 107,882 cases – 24 per cent – offenders were let off with softtouch punishments.
For the whole of 2016-17, there were 195,731 criminal reports to the Crown Office, with 8,236 warning letters, 24,209 fiscal fines and compensation orders, and 10,990 ‘other non-court disposals’.
This suggests about 22 per cent of cases were dealt with through soft-touch disposals.
If the figures for 2017-18 increase at their current rate for the rest of the financial year, the total number of warning letters will be 10,550, 28,314 fiscal fines and compensation orders, and 12,688 ‘other court non-disposals’ – with all categories showing marked increases on the previous year (2016-17). Crown Office officials stressed that between 2015-16 and 2016-17, the number of criminal reports dropped (from 225,537 to 195,731), and that the number of warning letters fell (from 13,249 to 8,236), showing a downward trend.
But the number of ‘other non-court disposals’ rose between 2015-16 and 2016-17, from 10,375 to 10,990.
There are fears that this year will see an explosion in the number of diverted prosecutions and softtouch disposals. A legal source said: ‘There is tremendous pressure on fiscals to divert cases from prosecution and the number diverted has really shot up.’
Other Scottish Government figures show 498 people in 2015-16, the latest data available, were let off with fiscal fines for common assaults (480) or sex crimes (18) – these offences are included within the Crown Office data.
The Crown Office was unable to disclose how many of those who were sent to social workers or got warning letters were accused of violent or sexual offences.
Victims of crime campaigner John Muir, whose son was stabbed to death, said: ‘It is incredible and absolutely outrageous that we’re in a position where serious crimes aren’t being prosecuted in court. Many victims will see this as effectively decriminalising some vio-Advocate, and undermining public faith in the justice system.’
Last year, Scotland’s top judge, Lord Carloway, said the Crown Office should cut the number of prosecutions to stop the creaking court system getting ‘clogged up’.
The Lord President said it was no longer enough for justice to be of a high quality as it must also be done at a ‘proportionate cost’.
James Wolffe, QC, the Lord recently backed the reforms proposed by Lord Carloway.
A Crown Office spokesman said: ‘Decisions on diversions from prosecution are made following careful consideration of all relevant factors in each case.
‘The nature of the offence is just one factor that has to be carefully considered. The ability to offer diversion from prosecution depends on an appropriate service being available in the local area.’
A Scottish Government spokesman pointed out that crime was at a 43-year low, adding: ‘We are determined to build on this progress.
‘As part of the draft budget for 2018-19 we have put funding of £2.4million into the core courts and Crown Office budgets to pay for judiciary, court staff and fiscals to ensure the efficient progress of domestic abuse cases through the courts.’
Comment – Page 14
‘Absolutely outrageous’