Scottish Lib Dems second guess upskirting convictions

Liam McArthur

The party said that the law has “only been used a handful of times a year” since it was introduced in 2010.

In response to a parliamentary question from Mr McArthur, Justice Secretary Humza Yousaf revealed that there were never more than five prosecutions or convictions in a year, with an average of 3.5 prosecutions and 3.2 convictions per year.

The party asked Police Scotland how many times upskirting offences had been reported to them but were told that this information could not be provided, citing cost reasons.

Mr McArthur said: “If this news means that the offence is being committed as infrequently as these figures suggest this would, of course, be very welcome.

“However, this would seem to be somewhat counter-intuitive and rather suggests that there may be some procedural or legal obstacle preventing a more representative number of cases being brought forward and disposed of by the courts.

“If such obstacles do exist the risk is that those who are victims of this unpleasant and distressing behaviour will be less willing to come forward with complaints in the future.

“I would welcome the view of the Lord Advocate on whether or not the law in this area, and guidance to prosecutors, remains fit for purpose.”