This item was published during the term of a previous administration that ended in April 2007
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New guidelines for police on racist crime
26/02/2002
New guidance on racist crime has been circulated to all Chief Constables, it was announced tonight.
The Solicitor General for Scotland, Mrs Elish Angiolini, told the General Council Meeting of Tayside Racial Equality Council in Dundee that the guidelines were intended to make a real difference in the way incidents are handled.
The guidelines, issued by the Lord Advocate, are part of the response of the Crown Office and Procurator Fiscal Service and the police to the recommendations made by Dr Raj Jandoo in his report in the case of the murder of Surjit Singh Chhokar in 1998.
The guidelines cover the reporting of racist crime by the police to Procurators Fiscal, the need to assess the language needs of victims and bereaved relatives, cultural sensitivities and the need to deal appropriately with the religious and cultural needs of bereaved relatives in cases where a death has occurred.
She said: "We are committed to ensuring that we learn the lessons of the Chhokar case. While we have made significant improvements already I consider that the guidelines will allow us to more effectively meet the needs of bereaved relatives, victims and witnesses. The guidelines will make a difference."
The new guidelines, which will be implemented from April 1, 2002, are also designed to reflect recommendations of a review report by the Crown Office Race Strategy Group, and the ' Without Prejudice?' report of Her Majesty's Inspectorate of Constabulary (HMIC). The reports identified areas where improvements in the reporting by the police of racist crime and in the information provided by the police to Procurators Fiscal were necessary.
Chief Constable Andrew Brown, president of the Association of Chief Police Officers in Scotland, said:
"The Scottish Police Service has been actively involved with the Crown Office in addressing Dr Jandoo's recommendations. The publication of guidelines by the Lord Advocate on such important matters is very welcome. The clarity they bring will help to ensure that people who are involved with the criminal justice system have their language requirements met and their cultural needs respected".
Lord Advocate's guidelines to Chief Constables are sometimes considered confidential in circumstances where their publication could prejudice the investigation of crime by the police. However it is considered no such risk applies to these guidelines and they will be made public on the Crown Office website at www.crownoffice.gov.uk from 27 February, 2002.
The guidance, which also attempts to meet the requirements of the Race Relations (Amendment) Act 2000, covers:
- the investigation and reporting of racist crime;
- the use of bail or undertakings e.g. where victims and witnesses may be at risk;
- the impact of crime on victims;
- the assessment of language need and cultural sensitivities for the accused, victims and witnesses;
- the instruction of interpreters for criminal court assignments;
- the liaison with next-of-kin and bereaved relatives.
The guidelines were welcomed by Dharmendra Kanani, Head of the Commission for Racial Equality in Scotland who said:
"The Commission for Racial Equality welcomes the Lord Advocate's guidelines on racist crime. These are still relatively new offences in Scots law and the process of review is critical to the successful use of the provisions. Reviewing what we do in the light of experience should form an integral part of all our work, a point reinforced by the new duties within the Race Relations Amendment Act. What we are all aiming for is improved services for all and the guidelines represent a positive contribution to this aim. We welcome the publication of these revised guidelines and applaud the fact that they will be publicly available."