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Parliamentary debates and questions

S5W-02102: Claire Baker (Mid Scotland and Fife)

Scottish Labour

Date lodged: 23 August 2016

To ask the Scottish Government how many incidents of alleged hate crime (a) have been marked as (i) having been aggravated by prejudice and (ii) charged under another offence with no marking for being aggravated by prejudice and (b) resulted in no charge being brought forward in each of the past three years.

Answered by: James Wolffe 27 October 2016

All figures provided are based on data extracted from the Crown Office and Procurator Fiscal Service case management system on 6 May 2016, which was the basis of the 2016 report on hate crime in Scotland.

The following table contains information in respect of the total number of charges reported to the Procurator Fiscal for hate crime offences between April 2013 and March 2016 that were not prosecuted and figures for charges still awaiting a marking decision. It also provides a breakdown of how these offences were dealt with by the Procurator Fiscal.

Direct measures include fiscal fines, compensation orders, personal or written warnings and referrals to diversion from prosecution schemes and referrals to the Scottish Children’s Reporter Administration.

The direct measures figures include a small number of charges which were not actioned, but where the accused was given a direct measure in respect of other charges within the same case. In some cases the charges which were given a direct measure may have included details from the charges which were not actioned.

The not separately actioned figures include charges which were not prosecuted, but where other charges for the same accused within the same case were prosecuted. In some cases, the charges which were prosecuted may have included details from charges which were not prosecuted i.e. some charges could have been merged together.

Marking Decision




No Action




Direct measures




Awaiting decision




Not separately actioned




Non-Court Total




Table 1. Number of charges not prosecuted during the last three financial years