Prosecutions for 'domestic breach of the peace'

Stephen McLean made this Freedom of Information request to Crown Office and Procurator Fiscal (Scotland)

The request was refused by Crown Office and Procurator Fiscal (Scotland).

Stephen McLean

Dear Crown Office and Procurator Fiscal (Scotland),

Please tell me how many prosecutions have been made for the now non-crime of 'domestic breach of the peace' within the Strathclyde Police force area. This should be for the last five years available.

Yours faithfully,

Stephen McLean

FOI Enquiries, Crown Office and Procurator Fiscal (Scotland)

Dear Mr McLean

I am writing to acknowledge receipt of your email which has been passed to this office on 16 June 2011.

Your request is receiving attention and we aim to provide you with a response within 20 working days of receipt.

Yours sincerely

FOI Enquiries
Crown Office and Procurator Fiscal Service

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FOI Enquiries, Crown Office and Procurator Fiscal (Scotland)

Dear Mr McLean

Thank you for your request dated 16 June 2011 under the Freedom of Information (Scotland) Act 2002 (FOISA) for "how many prosecutions have been made for the now non-crime of 'domestic breach of the peace' within the Strathclyde Police force area. This should be for the last five years available".

In order to identify and locate the information that you have requested, we need some further information from you. Will you please clarify the specific offence for which you require information - the police report only criminal offences and COPFS does not prosecute 'non-crimes'. Breach of the Peace is a criminal offence and it may have various 'Aggravations' recorded (including Domestic Aggravations).

As I am unable to continue without this, I will put your request on hold until I receive your reply.

When we receive this further information from you we will be able to respond to your request, in accordance with FOISA, within 20 working days of when we receive that information.

FOI Enquiries
Crown Office & Procurator Fiscal Service
______________________________________________________________________

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Dear FOI Enquiries,

Thank you for your response. My reference to it being a non-crime is that it has now been ruled that a breach of the peace must have a significant public element, and that domestic arguments in private properties are no longer crimes if they do not for instance cause noise irritation to neighbours. For clarity I will restate my request:

For each of the last five years available in the Strathclyde Police force area, for the offence of Breach of the Peace where the locus is a dwelling house, please provide:

-The number of prosecutions referred to you by the police
-The number of prosecutions you attempted
-The number of convictions secured

Yours sincerely,

Stephen McLean

FOI Enquiries, Crown Office and Procurator Fiscal (Scotland)

1 Attachment

Dear Mr McLean

Please see the enclosed reply to your FOI request dated 9 June 2011.

Yours faithfully

FOI Enquiries
Crown Office and Procurator Fiscal Service

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Dear Crown Office and Procurator Fiscal (Scotland),

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Crown Office and Procurator Fiscal (Scotland)'s handling of my FOI request 'Prosecutions for 'domestic breach of the peace''.

I have not had a response in the proper time frame. The response refers on a date before I made the request therefore it is not relevant to my request therefore my request was not answered.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/pr...

Yours faithfully,

Stephen McLean

FOI Enquiries, Crown Office and Procurator Fiscal (Scotland)

I am writing to acknowledge receipt of your e-mail. Your e-mail is receiving attention and we aim to provide you with a response within the statutory timescale for reply. This is 20 working days for requests submitted under the Freedom of Information (Scotland) Act 2002 and 40 calendar days for subject access requests submitted under the Data Protection Act 1998.

FOI Enquiries
Crown Office and Procurator Fiscal Service

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FOI Enquiries, Crown Office and Procurator Fiscal (Scotland)

1 Attachment

Dear Mr McLean

I refer to your e-mail dated 27 October and now attach a response.

Yours sincerely

FOI Enquiries
Crown Office & Procurator Fiscal Service

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