Chamber and committees

Both the Scottish Government and the Inspectorate of Prosecution will reply formally to the recommendations within the Justice Committee’s recent report on its Inquiry into the role and purpose of the Crown Office and Procurator Fiscal Service, published on 25 April, including with reference to the staffing of the Inspectorate.

The Inspectorate currently employs a permanent business Inspector from the Scottish Government and has previously recruited associate inspectors from different backgrounds where the subject matter of the inspection programme warrants different skill sets. Her Majesty’s Chief Inspector has confirmed that she takes account of future programmes of inspection when recruiting inspectors to ensure that the Inspectorate has the requisite skills for that programme.

Data in relation to the number of witnesses sent a text reminder is not available prior to 2013 as the technical IT script written to provide an output in relation to the numbers of texts sent was not implemented until that time.

The following table sets out the number of text reminders sent to witnesses from 2013 to April 2017. These figures relate to the reminders of the trial diet sent to all witnesses who have received a witness citation (either served personally or postally) 3 days prior to the trial.

The following table sets out the number of text reminders in relation to cases in which the witness was cited by post, where a message was sent to remind him/her to return the reply form confirming his/her attendance at court or the reason for his/her non-attendance. Witnesses could, however, be countermanded after this text reminder was sent and the table does not include any witnesses who may have been cited personally.

Information in relation to the number of witnesses who have failed to appear as a result of a text reminder is not available as this information is not recorded within COPFS’ case management systems.

The Scottish Government does not hold this information centrally.

COPFS maintains a permanent cadre of 38 Advocate Deputes to prosecute cases in the High Court, to mark High Court cases, to issue instructions as required to COPFS and to assist the Law Officers in their prosecutorial functions as required.

Advocate Deputes are recruited from a wide range of backgrounds and have a wide range of specialist skills. They effectively prosecute the full range of serious crime in the High Court. In addition, a group of practitioners are instructed from time to time as the need arises as ad hoc Advocate Deputes. Ad hoc Advocate Deputes likewise have a wide range of skills upon which the Crown can call when the need arises.

The Justice Committee report on the Role and Purpose of the Procurator Fiscal Service, published on 25 April 2017, contains a recommendation at paragraph 180 that COPFS consider whether there is merit in recruiting locum prosecutors to prosecute High Court cases turning on complex and specialist aspects of criminal law. I am considering this recommendation and will write to the Justice Committee in due course.

I am grateful to the Justice Committee for the care with which it has approached this Inquiry, and also to all those who gave evidence to it. It is gratifying that the Committee agrees that COPFS is an effective, rigorous, fair and independent public prosecutor. The report states that, in general, the public in Scotland is fundamentally well served by the COPFS in that core role. That is, in large part, a tribute to the professionalism and commitment of the staff of the Service. I am also pleased that the Committee has recognised the importance of systemic reform. The Committee has made a number of recommendations, and I will wish to take appropriate time to reflect on all of those recommendations.

The recommendations in the report will be of interest not only to COPFS, but to partners across the justice system, who will each consider the report’s terms for their own areas of interest.

The Scottish Parliament is scheduled to debate the report on 6 June 2017. The Scottish Government and COPFS aim to respond to the report by 30 May 2017.

Information received from the Police Service of Scotland is that, as a key partner, they are in the process of reviewing the report and considering its contents in line with other ongoing partnership work.

The Scottish Government welcomes the recent publication of the Scottish Courts and Tribunals Service (SCTS) report “Evidence and Procedure Review: A New Model for Summary Criminal Procedure”, which outlines a model underpinned by a digital case management process. The SCTS report makes a case for change and puts forward ambitious and far-reaching proposals for a new, modernised summary criminal court procedure.

However, further work is needed to evaluate and develop these proposals before decisions are taken about implementation. As part of that, SCTS has organised a programme of public consultation events in relation to the report. This is presently under way. SCTS will thereafter lead work, involving justice agencies and the legal profession, to evaluate the evidence on whether the propositions outlined in the paper are viable; assess the anticipated business, resourcing, financial and technological consequences; and consider what further analysis is necessary to help shape the way forward. Following this further development work SCTS will report back to the Justice Board with recommendations.

As a result of the recommendations of the Audit Scotland report to which the question refers, the Scottish Government publishes, on a monthly basis, additional statistical information about the performance of the summary criminal justice system. This information is available at http://www.gov.scot/About/public-bodies/SheriffdomCriminalJusticeBoards/SummaryCriminalJusticePerformanceStatistics

No formal selection process is in place. A pool of potential candidates with a broad range of experience and knowledge of regulatory schemes and the legal services sector was identified. A balanced mix of panel members was compiled from within that pool.

The following table covers regulated Ministerial appointments only. The Scottish Government does not hold records for unregulated appointments or any other appointments made by Ministers.

The independent Chair will lead the legal services review. It is intended that the panel will report to Ministers within 15 months.