S6W-35695

Asked by: Gosal, Pam (Scottish Conservative and Unionist Party - West Scotland)

Question

To ask the Scottish Government how many people were convicted of aggravated offences under section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 in 2022-23; of those convicted, how many (a) were given (i) prison sentences of 12 months or longer and (ii) community payback orders and (b) are subject to multi-agency public protection arrangements (MAPPA) notification requirements.

Answered by Constance, Angela - Cabinet Secretary for Justice and Home Affairs

Data sourced from the Criminal Proceedings in Scotland, 2022-2023 data set shows that 7807 people were convicted of aggravated offences under section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 in 2022-2023. Of those convicted, 251 were given prison sentences of 12 months or longer and, of those convicted, 2407 were given community payback orders. The remaining 5149, are made up of other disposals which may include: fines, short-term prison sentences (under 12 months) and admonishments.

Sentencing is of course a matter for the independent courts.

We have interpreted part (b) of the question as relating to sex offender notification requirements (SONR). Section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 does not create an offence. It creates an aggravator which is something that is applied to an existing offence. Section 1(1)(a) (or section 1 as a whole) is not listed in Schedule 3 of the Sexual Offences Act 2003 (offences which trigger SONR).

Therefore, whether the offender would be subject to SONR would depend on the offence they were convicted of and whether that was on the list in Schedule 3. Schedule 3 of the 2003 Act does also contain paragraph 60 which is a provision which allows the court to trigger SONR where the offence is not on the list in Schedule 3 but the court determines that there was a significant sexual element in the offender’s behaviour.

Data on the numbers of those with this aggravator who are also subject to SONR is not held centrally by the Scottish Government.