8 RELATIONS WITH CRIMINAL JUSTICE PARTNERS
The Area has many contacts within the local community and the Area Fiscal is particularly keen for the Office to be involved in the Community and to be seen as part of the Community.
The Office works and communicates well with the traditional criminal justice partners such as the police (particularly in Stranraer), Sheriff Clerks (particularly in Kirkcudbright), District Court Clerk and Children's Reporters.
Information given by the police confirmed that there was a meeting structure in place between Procurator Fiscal and police. This appears to meet the needs of the local police. Prior to any police initiative such as the drugs initiative, Operation Emperor in Stranraer, there was considerable consultation in advance.
The Police Reporting Bureau formerly located at the police local Headquarters is now based in the Procurator Fiscal's Office which the police feel aids communication. Due to community concerns there is a high level of cases reported with the accused in custody but taking into account the Lord Advocate's Guidelines on bail.
There has clearly been communication with the police in Dumfries and Galloway about Summary Justice Reform and the expected increase in the use of undertakings. The police expect to be able to cope with the estimated 25% increase. Previous discussions with the Sheriff Clerk about processing the business should also facilitate implementation.
The police now see benefits to their organisation with the Disclosure pilot run earlier this year.
A further example of good local communication is the Police/Procurator Fiscal protocol on Police Warnings which works well from the police perspective. Relations are described overall as very good for Dumfries and excellent for Stranraer.
Relations between the District Courts and the Fiscal's Office are also good; the Fiscals are seen to get on with the job and there is no question of the District Court being treated in a lesser fashion than the Sheriff Court.
Any issues are resolved by discussion and an example was given of the police issuing fixed penalty notices where the person had too many points on his or her licence, this being returned by the Clerk to the police who sent the case to the Fiscal who may have offered a fixed penalty. After discussion between the Clerk, police and Fiscal the procedure is now that the Clerk will notify the police of the reason for non-acceptance so that it could be specifically given to the Fiscal.
The contribution of the Procurator Fiscal to the training of Justices in the Area was described as exceptional and innovative.
The system for obtaining out of hours warrants works well and is well focused. These are only sought on the basis of absolute necessity.
The Children's Reporter based in Stranraer describes relations between the two Offices as good with the Fiscals being helpful. The Area Reporter at Dumfries also describes the relationship as good with personnel from both organisations job shadowing, being invited to joint training, there being an allocated Depute to discuss referrals. The presence of a Depute on the Child Protection Committee was described as being of huge importance and an example of good communication and practice ensuring the right decision is made in respect of the young person.
Relations with local defence solicitors were also described as generally good, any problems usually being resolved amicably.