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Parliamentary debates and questions

S5W-12697: Miles Briggs (Lothian)

Scottish Conservative and Unionist Party

Date lodged: 13 November 2017

To ask the Scottish Government how many people have been (a) prosecuted and (b) convicted under the Emergency Workers (Scotland) Act 2005 in each NHS board area, broken down by the (i) charge and (ii) type of emergency worker involved, and how many custodial sentences were imposed, broken down by the average length of sentence. 

Answered by: Michael Matheson 24 November 2017

Data on NHS board areas and type of emergency worker involved are not held in the Scottish Government Criminal Proceedings database.

Prosecutions and convictions under the Emergency Workers (Scotland) Act 2005 were published in January 2017 as part of an additional dataset to the Criminal Proceedings in Scotland 2015-16 statistical publication. 'Criminal Proceedings for offences against emergency workers' is available to view on the SG website http://www.gov.scot/Topics/Statistics/Browse/Crime-Justice/Datasets/DatasetsCrimProc/EWA1.

Under the Act section 1(1) covers; police, fire service, ambulance service and registered medical practitioners, nurses and midwives. The other sections cover other emergency workers, such as coastguards, social workers, persons assisting emergency workers, and health workers in hospital premises.

People receiving a custodial sentence for convictions under the Emergency Workers (Scotland) Act 2005, where main charge 2006-07 to 2015-16

Charge

2006-07

2007-08

2008-09

2009-10

2010-11

2011-12

2012-13

2013-14

2014-15

2015-16

Total custody

66

93

93

70

96

107

98

87

74

58

Section 1(1)

13

13

23

32

45

49

36

34

35

32

Section 2(1)

28

32

17

5

13

8

9

6

7

4

Section 3(1)

1

-

3

-

1

-

-

-

-

-

Section 5(1)

24

48

50

33

37

50

53

47

32

22

Average sentence1 in days, for offences under the Emergency Workers (Scotland) Act 2005, 2006-07 to 2015-16

Charge

2006-07

2007-08

2008-09

2009-10

2010-11

2011-12

2012-13

2013-14

2014-15

2015-16

N

Mean

N

Mean

N

Mean

N

Mean

N

Mean

N

Mean

N

Mean

N

Mean

N

Mean

N

Mean

Total custody

66

112

92

129

93

151

70

151

96

133

107

151

97

161

87

160

74

187

58

153

Section 1(1)

13

85

12

122

23

121

32

140

45

129

49

151

36

164

34

163

35

171

32

144

Section 2(1)

28

115

32

130

17

177

5

140

13

130

8

149

9

176

6

159

7

235

4

219

Section 3(1)

1

122

-

-

3

152

-

-

1

122

-

-

-

-

-

-

-

-

-

-

Section 5(1)

24

123

48

129

50

156

33

164

37

140

50

152

52

156

47

158

32

195

22

154

1. Average sentence lengths excludes life sentences and indeterminate detention, detention of a child aged under 16 and recall sentences.

Source: Scottish Government Criminal Proceedings database