PROSECUTIONS and convictions in Scotland’s courts fell around 10 per cent last year, despite a rise in the overall number of crimes.
Increased use of “non-court disposals” such as fiscal fines and warnings saw 12,108 fewer people prosecuted and 4631 fewer convicted.
The latest annual statistics said a total of 95,254 people were proceeded against in court in 2017-18, a drop of 11% compared to the previous year.
The number of convictions fell 10% to 82,716, continuing a long-term downward trend.
Convictions in 2018-18 were 34% lower than at their ten-year high of 125,893 in 2008-09.
The Tories accused the SNP of mismanaging the justice system.
The number of custodial sentences given in court fell was also at its lowest in a decade, down six per cent from 12,705 in 2016/17 to 11,973 last year.
However convictions for sexual crimes rose.
The number of convictions for rape and attempted rape increased by eight per cent (from 99 in 2016-17 to 107 in 2017-18).
Although the number of proceedings for rape and attempted rape fell slightly from 251 to 247, the number of convictions rose 8% from 99 to 107.
The number of sexual assault convictions rose 14% in 2017-18, to 302.
The number of people proceeded against for sexual crimes was 1,502 in 2017-18, almost the same as in 2016-17, but 61% up since the 933 proceedings of 2010-11.
Convictions were breach of the peace were down 11%, common assault down 13%, speeding down 12%, drugs down 15%, and crimes against public justice down 11%.
The level of prosecutions and convictions does not reflect the amount of crime committed.
Recorded crime rose for the first time in 12 years in 2017-18, with sexual crimes at their highest level for half a century.
There were 244,504 recorded crimes in Scotland last year, a 2% rise on 2016-17, or a 1% rise if the 4,163 cases of handling an offensive weapon, a new crime, are discounted.
The decline in prosecutions and convictions coincides with a presumption against short custodial sentences of less than three months.
With only the more serious crimes going to court, the average length of a custodial sentence is now at its highest in the last ten years, increasing by 21% since 2008-09 to 318 days.
Nearly half (47%) of sentences were fines and 20% community sentences.
The number of community sentences fell 10% to 16,830, bucking a recent trend, due to a 15% fall in Community Payback Orders.
Tory MSP Liam Kerr said: "These figures are a worrying insight into the increasing levels of violent and sexual crime and demonstrate the SNP’s inability to manage our justice system.
"It is extremely worrying that convictions for violent crime, sexual assault and rape have all increased when convictions overall have decreased.
"In addition, one fifth of those out on bail are breaching their bail conditions, leading to other, avoidable and sometimes tragic crimes.
"The SNP is presiding over chaos in our courts and a police force without enough frontline staff to catch and investigate alleged criminals.
"It’s clear that the SNP’s soft touch justice approach is doing nothing to tackle this rise in violent and serious crime.”
SNP Justice Secretary Humza Yousaf welcomed a further drop in youth convictions, which have fallen by two-thirds in the last decade.
He said: “A child’s early years are their most important and can have a considerable impact on their future. Our emphasis across portfolios on early intervention and support for families, coupled with a youth justice strategy focused on prevention and diversion is helping to reduce the number of children and young people falling into a cycle of crime that could shape the rest of their lives. Clearly there is no room for complacency and we continue to work with national and local partners to help sustain and build on this progress.”
He added: “Short custodial sentences are not effective and Scotland must go further to increase the use of robust, community-based sentencing."
Mr Kerr said: "The SNP should be careful about celebrating a fall in youth convictions.
“As senior legal professionals have warned Humza Yousaf in the past, this tells us more about the strain in our prosecution service than the amount of crime being committed.
“The SNP should focus on tackling rising crime and falling conviction rates rather than spinning figures to the press."
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