One in three criminals who reject the offer of a fiscal fine are let off completely, new figures obtained by the Scottish Conservatives reveal.
The Crown Office offers the sanction as an alternative to prosecution in cases including assault, shoplifting, anti-social behaviour and drug offences.
Should the offender decline a fiscal fine, it is meant to be treated as a request to be prosecuted, First Minister John Swinney previously claimed.
However, a Freedom of Information response shows that 33% of rejected fiscal fines in 2024-25 resulted in the case being dropped without any further action.
The latest stats come despite the Scottish Conservatives first warning the SNP Government about this loophole back in 2021.
Shadow Justice Secretary Liam Kerr said that the figures were a “slap in the face to victims of crime”.
He condemned the SNP Government for taking no action in four years to address this issue and called for the law to be changed so that all those who reject fiscal fines are prosecuted.
Scottish Conservative Shadow Justice Secretary Liam Kerr MSP said: “These unacceptable figures are a slap in the face to victims of crime who are routinely let down by this weak SNP government.
“The Nationalists’ soft-touch justice system is failing the people of Scotland and emboldening criminals who know they can commit crimes without facing the consequences.
“Fiscal fines are commonly used for anti-social behaviour and shoplifting and, given the significant increase in these offences, it is hardly surprising the number of these fines issued have skyrocketed.
“When the Scottish Conservatives warned about this loophole in 2021, John Swinney told us there was nothing to see here. But four years later absolutely nothing has changed and one in three offenders is getting away with no punishment at all.
“It’s time to close this loophole to ensure that any rejected fiscal fine automatically results in the offender being prosecuted.”
Notes
33% of rejected fiscal fines saw no further action in 2024-25. 170 people refused the offer of a fiscal fine as punishment for their crime in 2024-25, and 57 of those then saw their charge dropped without further action. 15 were prosecuted and convicted, 22 were prosecuted and not convicted, while 76 still have their case ongoing. (Crown Office FOI, 18 July 2025, available upon request)
Scottish Conservative leader Russell Findlay warned about this loophole back in 2021. In response to similar findings that almost a third of rejected fiscal fines resulted in no further prosecution between 2018-19 and 2020-21, Russell Findlay said, “These shocking new figures show the reality of the SNP’s soft-touch justice system, which routinely betrays crime victims. More than one in three accused criminals who refuse to pay a fine are facing no further action.” (STV News, 22 July 2021, https://news.stv.tv/politics/almost-a-third-of-rejected-fiscal-fines-saw-no-further-action#:~:text=Nearly%20one%20third%20of%20all,not%20recorded%20as%20a%20conviction.. Click or tap if you trust this link." data-linkindex="0" data-auth="NotApplicable">link)
John Swinney defended the current system in a 2021 debate. Swinney said, “Anyone who is offered a fiscal fine as an alternative to prosecution may refuse such an offer by giving notice to the court to that effect. In such an event, the refusal is treated as a request by the alleged offender to be prosecuted for the offence, in which case the procurator fiscal decides what action to take in the public interest.” (STV News, 22 July 2021, https://news.stv.tv/politics/almost-a-third-of-rejected-fiscal-fines-saw-no-further-action#:~:text=Nearly%20one%20third%20of%20all,not%20recorded%20as%20a%20conviction.. Click or tap if you trust this link." data-linkindex="1" data-auth="NotApplicable">link)
Fiscal fines are used to deal with crimes including assault, shoplifting, vandalism, anti-social behaviour, certain sexual crimes, and drugs supply and possession. In 2022-23, 397 people received fiscal fines for common assault, 4 for causing to view sexual activity or images, 954 for shoplifting, 139 for vandalism, 71 for drugs supply, 2,206 for antisocial offences, and 3,410 for drug possession. (Scottish Government: Table 2, 17 December 2024, https://www.gov.scot/publications/criminal-proceedings-scotland-2022-23/documents/. Click or tap if you trust this link." data-linkindex="2" data-auth="NotApplicable">link)
Fiscal fines are an alternative to prosecution. In certain circumstances, [you] have the opportunity to have the allegation dealt with outside of court and without getting a criminal conviction. The offer will be to allow you to pay a sum of money as a "fiscal fine" or as compensation to someone who was affected by the alleged offence. If you accept the offer, you cannot be prosecuted for the alleged offence… The procurator fiscal can offer a fiscal fine of between £50 and £500. The fiscal can also offer you the opportunity to pay compensation without the case going to court. This is called a compensation offer. The maximum compensation offer is £5000. (Scottish Courts and Tribunal Service, Accessed 8 August 2025, https://www.scotcourts.gov.uk/taking-action/paying-a-fine/fiscal-fines/. Click or tap if you trust this link." data-linkindex="3" data-auth="NotApplicable">link)
There was an increase in shoplifting in the past year. Between 2023-24 and 2024-25, recorded crimes of Shoplifting increased by 16% from 38,674 to 44,730 crimes. (Scottish Government, 24 June 2025, https://www.gov.scot/publications/recorded-crime-scotland-2024-25/. Click or tap if you trust this link." data-linkindex="4" data-auth="NotApplicable">link)
There was an increase in anti-social behaviour in the past year. Between 2023-24 and 2024-25, the number of antisocial offences recorded by the police in Scotland increased by <1% from 47,833 to 47,882. Threatening and abusive behaviour accounted for 89% of cases. (Scottish Government, 24 June 2025, https://www.gov.scot/publications/recorded-crime-scotland-2024-25/. Click or tap if you trust this link." data-linkindex="5" data-auth="NotApplicable">link)