PREFACE
The Inspectorate of Prosecution in Scotland was initially created on an administrative basis in December 2003 and is part of the Scottish Government but independent of Crown Office and Procurator Fiscal Service.
The Inspectorate was placed on a statutory footing in April 2007 by the Criminal Proceedings etc (Reform) (Scotland) Act 2007 (sections 78 and 79).
The Inspectorate has carried out one full cycle of office inspections based on race related issues. In addition thematic reviews usually in conjunction with criminal justice partners have been undertaken as follows:
- Thematic Report on Crown Office and Procurator Fiscal Service's Response on Race Issues
- Joint Thematic Report on the Provision of Services to Witnesses
- "Case Study" - a joint thematic inspection of Case Management
- Death Cases - A Thematic Report on Liaison in Death Cases with Particular Reference to Organ Retention
- Complaints Against the Police
HM Chief Inspector reports directly to the Lord Advocate.
All reports are published at: www.scotland.gov.uk/Topics/Justice/ipis.
The function of the Inspectorate is to inspect the operation of Crown Office and Procurator Fiscal Service and make, where appropriate, recommendations that will contribute to improvement in Crown Office and Procurator Fiscal Service service delivery, making Crown Office and Procurator Fiscal Service more accountable and enhancing public confidence. All reports are submitted to the Lord Advocate and an annual report is laid before the Scottish Parliament.
The Inspectorate is concerned with improvement. How outcomes and results have been achieved is examined and the identification and promotion of good practice and minimising risk is promulgated.
The Inspectorate is committed to observing the Government's policy on the principles of inspection including taking a customer focus and all reports and recommendations being evidence based.
Methodology:
This inspection is the first of a new programme of Area (as opposed to Office) based inspections. The new programme will see all Areas (and Crown Office) inspected on approximately a three-year period.
It includes a combined compliance audit, audit of corporate governance, identification of any policy/practice gaps and identification of and promulgation of best practice.
In preparation for inspection
- Local performance information, local business and other plans and general local information were examined
- Local policies and protocols were reviewed
- 125 recently closed case files were selected for review across all categories of offence and disposal methods
- Contact was made with local criminal justice partners and other community bodies and specialist agencies
On site
- Meetings were held with criminal justice partners and other bodies
- Interviews were held with members of staff