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Re: Prosecutions under section 315 of the Mental Health (Scotland) Act 2003

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Dear Crown Office and Procurator Fiscal (Scotland),

I am writing to request information under the Freedom of Information act on the number of successful prosecutions using section 315 of the Mental Health Act of 2003 and also the number of criminal proceedings brought under this section that did not lead to prosecution.

This information is requested for the purpose of assessing the likely value of the of the proposed Scottish legislation (Jan 2015) that will lead to a new offence of 'willful neglect or ill treatment in health and social care settings' (for adults with full will capacity).

With thanks,
Yours faithfully,
Anna Black

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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Correspondents should note that all communications to or from the Crown Office and Procurator Fiscal Service may be automatically logged, monitored and/or recorded for lawful purposes. Unless expressly indicated, the views or opinions contained within this e-mail do not necessarily reflect those of the Crown Office and Procurator Fiscal Service.

This message has been checked for the presence of computer viruses. Visit www.crownoffice.gov.uk for details of the work of the Department.

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FOI Enquiries, Crown Office and Procurator Fiscal (Scotland)

Dear Ms Black,

I am dealing with your request for information under the Freedom of Information Act. I wanted to clarify a couple of points with you before actioning your request.

To note, alleged criminal offences are reported to the Procurator Fiscal, who then makes a decision on whether to take court proceeding/prosecute, take some other action other than prosecution in court, or take no action (which can be for a number of different reasons, e.g. insufficient evidence.

Can you firstly clarify the time frame over which you are seeking these statistics e.g. the last year or the last five years/ten years?

Additionally, where court proceedings have been taken, can I clarify that by "successful prosecution" you mean a guilty plea or a finding of guilt? Would you also wish to find out the number of cases in which court proceedings were taken up, but resulted in a finding of not guilty or not proven?

In terms of the second part of your question criminal proceedings effectively means the same thing as a prosecution. Am I correct to interpret your request in this respect to be for the number of reports where no court proceedings/prosecution have been taken? This would include cases in which other action was taken such as a fine or a diversion from prosecution and cases where no action was taken, for a variety of reasons.

Please let me know if my questions are not clear. I will put your request on hold until we received this clarification.

Yours sincerely

Helen Knipe
Response and Information Unit
Crown Office and Procurator Fiscal Service
0844 561 3000

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Dear Crown Office and Procurator Fiscal Scotland,

Thank you for getting back to me so promptly.

In response to your message I would be happy to clarify a few points.

The time frame over which I am seeking these statistics is since 2003, when section 315 of the Mental Health Act came in to place.

When requesting information on the number of 'successful prosecutions' under this section, I meant a guilty plea, or a finding of guilt.

In addition, I would like to know the number of cases in which court proceedings were taken up, but resulted in a finding of not guilty or not proven.

In regards to your final question, yes, you are correct to interpret my request in this respect. I am looking the number of reports where no court proceedings/prosecution have been taken. Including cases in which other action was taken such as a fine or a diversion from prosecution and cases where no action was taken, for a variety of reasons.

I hope this clarifies my previous request.

Yours sincerely,
Anna Black

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

This e-mail (and any files or other attachments transmitted with it) is intended solely for the attention of the addressee(s). Unauthorised use, disclosure, storage, copying or distribution of any part of this e-mail is not permitted. If you are not the intended recipient, please destroy the e-mail, remove any copies from your system and inform the sender immediately by return.

Correspondents should note that all communications to or from the Crown Office and Procurator Fiscal Service may be automatically logged, monitored and/or recorded for lawful purposes. Unless expressly indicated, the views or opinions contained within this e-mail do not necessarily reflect those of the Crown Office and Procurator Fiscal Service.

This message has been checked for the presence of computer viruses. Visit www.crownoffice.gov.uk for details of the work of the Department.

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FOI Enquiries, Crown Office and Procurator Fiscal (Scotland)

1 Attachment

Dear Ms Black,
 
Thank you for your email of 2 November 2014. Please find attached
correspondence in relation to your request.
 
 
Yours sincerely
 
FOI Enquiries
Crown Office & Procurator Fiscal Service
0844 561 3000
 
 
 

This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient, please destroy the
e-mail, remove any copies from your system and inform the sender
immediately by return.

 

Correspondents should note that all communications to or from the Crown
Office and Procurator Fiscal Service may be automatically logged,
monitored and/or recorded for lawful purposes. Unless expressly indicated,
the views or opinions contained within this e-mail do not necessarily
reflect those of the Crown Office and Procurator Fiscal Service.

 

This message has been checked for the presence of computer viruses. Visit
www.crownoffice.gov.uk for details of the work of the Department.

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Enquiries, Crown Office and Procurator Fiscal (Scotland)

3 Attachments

Dear Ms Black,
 
Further to my letter of 2 December 2014, I am now in a position to respond
fully to your request under the Freedom of Information (Scotland) Act
2002. I attach the response and associated annexes below.
 
Annex A:
 
 
Annex B:
 
Yours sincerely
 
FOI Enquiries
Crown Office & Procurator Fiscal Service
0844 561 3000
 
 
 

This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient, please destroy the
e-mail, remove any copies from your system and inform the sender
immediately by return.

 

Correspondents should note that all communications to or from the Crown
Office and Procurator Fiscal Service may be automatically logged,
monitored and/or recorded for lawful purposes. Unless expressly indicated,
the views or opinions contained within this e-mail do not necessarily
reflect those of the Crown Office and Procurator Fiscal Service.

 

This message has been checked for the presence of computer viruses. Visit
www.crownoffice.gov.uk for details of the work of the Department.

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

We don't know whether the most recent response to this request contains information or not – if you are Anna Black please sign in and let everyone know.