This item was published during the term of a previous administration that ended in April 2007
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Report on handling of offenders
24/08/2006
A report aimed at improving the way the police and procurator fiscals handle reports on offenders has been published today by HM Chief Inspector of Constabulary (HMIC) and the Inspectorate of Prosecution in Scotland (IPS).
The report - A Case Study - A joint thematic inspection of Case Management - examines the processes used by the police to report offenders and procedures used by the Crown Office and Procurator Fiscal Service (COPFS) when taking decisions about appropriate action.
Good case management is regarded as important as it aims to ensure the right individuals are referred to fiscals who can take the appropriate decisions on how to deal with them. It also aims to ensure that appropriate information is available on these cases so that justice can be delivered in the courts.
The report highlights:
- The strength of the working relationship between the police and procurator fiscal in Scotland
- Improved sharing of key information between the two services
- The development of joint initiatives throughout the country, leading to improved performance by both the police and COPFS
- Joint working being taken forward in some areas under the broader umbrella of criminal justice boards, in line with the kind of cross-agency approaches needed to support on-going criminal justice reforms
However, the report also identifies a number of areas for further improvement and recommends:
- A review of case management protocols against current criminal justice reforms, to create a refreshed protocol which will help drive further improvements. As part of that review, the Assocation of Chief Police Officers in Scotland (ACPOS) and COPFS should also develop a strategy for training on criminal justice issues, including writing standard police reports and statement taking
- ACPOS and COPFS should support the introduction of end-to-end targets within criminal justice boards to enable a more structured approach to monitoring performance in bringing offenders to justice
- ACPOS should incorporate current and proposed data requirements for criminal justice into on-going work to create a common IT solution for police performance management
- Area fiscals should share information with forces on cases marked for 'no proceedings' to help improve the quality of police reports submitted
- ACPOS and COPFS should review current and proposed non-reporting and non-court options with a view to establishing a national framework to inform forces and fiscals as to which offences are most suited to such disposals
Kenny McInnes, formerly Assistant Inspector of Constabulary, said:
"This report shows that much has been achieved in improving case management performance across Scotland. However, if meaningful progress is to be sustained, then ACPOS, COPFS and their partners need to build on existing relationships and work together in a more coordinated way.
"We are operating at a time of significant criminal justice reform. Central to any change must be recognition that the public rightly, now more than ever, demand a justice system that doesn't just process offenders but recognises the needs of communities.
"An efficient and effective criminal justice system is essential to achieving this aim. Improvements can be made through strong, understanding partnerships that are supported by accurate performance management information and modern working practices. That's why there is a need to capitalise on available IT and learn lessons from those partnerships which have already produced tangible improvements.
"The recommendations in this report acknowledge the progress that has already been made and will now help the partners work together to build on that firm foundation."
Chief Inspector of IPS Joe O'Donnell said:
"This joint inspection with HMIC focused on the current state of case management involving the police and the Procurator Fiscal Service in Scotland. The reporting of cases by the police to the Procurator Fiscal plays a crucial initial part in the whole criminal justice process and the report contains 14 recommendations including review of protocols, the need for better performance management information and end to end targets. Working with HMIC enabled a system wide, joined-up approach to be made to the work."
The Lord Advocote, Lord Boyd of Duncansby QC, said:
"We can only offer a modern, effective prosecution service fit for the 21st century if we are prepared to work closely with key partners.
"I am pleased that the report published today highlights the excellent working relationship that prosecutors have with police forces across Scotland and the substantial amount of work that is currently being taken forward.
"It also recognises the importance of sharing information at an early stage to ensure that appropriate prosecution decisions are taken based on all the evidence available.
"Much has been done in recent years to increase efficiency between the police and the prosecution. I welcome these recommendations which highlight where further improvements can be made.
"We are committed to ensuring that the report's recommendations are acted upon and a substantial number are already being progressed jointly with the police as a part of our approach to summary justice reform."
HMIC has a statutory duty to report to Scottish Ministers on the effectiveness and efficiency of the police service in Scotland. This duty is discharged through primary and review inspections of forces and common police services and also through conducting thematic inspections on areas of particular interest or concern.
IPS has been operational since December 2003 and is committed to producing both office inspection reports and thematic reports of a more general nature usually in conjunction with criminal justice partners. Clauses to place IPS on a statutory basis are currently contained in the Criminal Proceedings Bill before the Scottish Parliament.
The inspection report was timed to draw on significant developments within Scotland, following the publication of the Bonomy Report in 2002, the Normand Report in 2002, and McInnes Report in 2004. Its aim was to establish the state of case management within the Scottish justice system by consulting with the various stakeholders and then, taking account of developments and good practice in other police forces or organisations, provide comment and recommendations to move the service forward within this area.
During the inspection HMIC undertook:
- An initial literature review and desktop research
- Circulation of a comprehensive protocol questionnaire to all forces and common police services followed by visits during which senior management and relevant staff at all levels were interviewed
- Joint inspection of the eight Scottish forces and 11 Area Procurators Fiscal
- Consulted with ACPOS, COPFS, Scottish Courts Service, Scottish Children's Reporters Administration (SCRA) and the National Criminal Justice Board secretariat. Liaison was established with representatives of all relevant Scottish Executive departments, Integration of Scottish Criminal Justice Information Systems (ISCJIS), Audit Scotland, the Sheriff's Association, the Scottish Drug Enforcement Agency, British Transport Police, Ministry of Defence Police and the Civil Nuclear Constabulary. The team also observed a joint inspection of the Manchester Local Criminal Justice Board, involving HMIC in England and Wales as a partner agency