Scottish Government

Post- SJR Summary Criminal Justice System Performance 2008-09

44. The following section of this paper reports on performance of the summary criminal justice system in 2008-09. April 2008 has been selected as the starting point as this is the first full month following implementation of the reforms (with the exception of the completion of unification of the administration of the Sheriff and District Courts) for which data are available. The data have been drawn from management information supplied by ACPOS, COPFS, SCS and SLAB. All data are subject to on-going review to ensure accuracy and have not been subject to the same statistical validity checks undertaken for formal Scottish Government statistical publications. The analysis focuses on the first three key stages of the criminal justice process - 'caution and charge to report'; 'case marking'; and 'court'.

Stage 1: Caution and Charge to Report

45. Since the implementation of the reforms in March 2008 there has been a reduction in the volume of cases submitted to the Procurator Fiscal. In 2008-09, 258,950 SPRs were submitted to COPFS, compared with 282,429 in 2007-08, a reduction of 8%. Chart 1 shows the number of SPRs submitted in each month since April 2007.

Chart 1: Number of SPRs Submitted to COPFS April 2007 to March 2009

46. Between July 2007 (the earliest month for which data are available) and March 2008, a total of 19,331 police direct measures were issued. Between July 2008 and March 2009 the corresponding figure was 42,001, representing a 117% increase in use. Chart 2 shows the number of police direct measures issued from July 2007 to March 2009. Almost all of the increase is accounted for by an increase in the use of police Fixed Penalty Notices ( FPNs) for Anti-social Behaviour.

Chart 2: Number of Police Direct Measures Issued July 2007 to March 2009

47. In 2008-09 the most common offence types for which police FPNs for Anti-social Behaviour were issued across Scotland were:

• Breach of the Peace (38%);
• Consumption of alcoholic liquor in a public place in contravention of local bye-law (37%); and,
• Urinating or defecating in circumstances causing annoyance to others (20%).

48. The challenge rate to police direct measures is exceedingly small at around 0.5% in 2008-09. As at 6 ^th March 2009, just over 74% of Fixed Penalty Notices for antisocial behaviour issued (to 31 ^st December 2008 in those areas where the administration of the sheriff and district courts has been unified) have been paid since issue by the police. It is likely that the increased use of police direct measures has contributed to the reduction in the volume of cases being reported to the PF. However, it is not possible to determine the precise impact of these direct measures because changes in volumes of cases must be viewed in the context of a broad trend downwards in the number of crimes and offences recorded by the police.

49. The data available on undertakings indicate that there has been an increase in their use since the implementation of the reforms. For example, in March 2009, Central Scotland Police released the accused on an undertaking to attend court on a specified date in around 22% of cases; in Grampian the proportion was around 15% of cases and in Fife it was around 11%. The corresponding figures for February 2008 were 21% in Central, 11% in Grampian and 7% in Fife.

50. ACPOS work to a target of at least 80% of cases being received by COPFS within 28 days of caution and charge. In 2007-08 the police succeeded in submitting 84% of cases to COPFS within 28 days of caution and charge. In 2008-09, as a new reporting format ( SPR2) was rolled out, performance remained within target but decreased slightly to 82%. Chart 3 shows the percentage of cases received by COPFS within 28 days on caution and charge between April 2007 and March 2009.

Chart 3: Percentage of Cases Received by COPFS Within 28 Days April 2007 - March 2009

Stage 2: Case Marking

51. In 2008-09, 116,761 cases were marked for any kind of fiscal direct measure (including those that were not altered by the reforms such as Fiscal Warnings and Fiscal Fixed Penalty Notices). This compares to 126,175 in 2007-08, a reduction of 8%. In 2008-09 42,207 fiscal fines were issued, compared to 51,350 in 2007-08, a reduction of 18%. A substantial decrease in the use of fiscal fines occurred in the second half of 2007 as police direct measures rolled out. In 2008-09 a total of 2,319 fiscal compensation offers and 1,731 combined fiscal fine and compensation offers were made.

Chart 4: Number of Cases Marked Fiscal Direct Measures April 2007 to March 2009

52. Chart 4 shows the number of cases marked fiscal direct measures from April 2007 to March 2009 and the types of fiscal direct measures used.

53. The two most commonly used fiscal fines in 2008-09 were level 2 (£75) and level 3 (£100). The higher rates of fiscal fines introduced by the 2007 Act (i.e. level 5 (£200), level 6 (£250) and level 7 (£300)) were used in 2,677 cases (6%) in this time period.

54. The 2007 Act also introduced fiscal compensation offers and combined fiscal fine and compensation offers. In 2008-09, a total of 4,050 fiscal compensation and fiscal combined offers were issued, amounting to 3% of all fiscal direct measures. In March 2009 45% of compensation offers made were at level 1 (£0-£100); 32% were at level 2 (£100.01-£200) and 18% were at level 3 (£200.01-£500). The least commonly used levels were level 4 (£500.01-£1,000) and level 5 (over £1,000). The most commonly used combined fiscal fine and compensation orders were level 2 (£75) used in 52% of cases and level 3 (£100), used in 27% of cases in March 2009. Since their introduction in four pilot areas in June 2008, 286 work offers have been made by the procurator fiscal, 19% at level 1 (0-10 hours), 52% at level 2 (11-20 hours) and 20% at level 3 (21-30 hours).

55. Between 10 March and 31 December 2008 fiscal penalties (Fiscal Fines, Fiscal Compensation Offers and Combined Offers) to the value of £3.7m were imposed (after all discharges have been taken into consideration). By 6 ^th March 2009, SCS had collected £1.3m and was in the process of collecting a further £1.2m (payments by instalment etc.), leaving £1.2m in arrears. Of the fiscal penalty accounts registered over this time period, 3% are estimated to have been refused. A further 4% are estimated to have been discharged after the refusal period. Of the remainder, over three quarters (77%) have had at least one enforceable action applied.

Chart 5: Comparison of Business Distribution 2007-08 and 2008-09

56. In 2007-08 326,669 cases were marked by COPFS. Of these, 36,618 cases were marked for prosecution in the District/ JP courts. This compares with 43,806 in 2008-09, an increase of 16%. The number of cases marked for prosecution in the sheriff summary courts was 97,101 in 2007-08, compared with 89,042 in 2008-09, a reduction of 8%. The number of cases marked no proceedings in 2007-08 was 48,165, compared to 36,845 in 2008-09, a decrease of 24%. Chart 5 compares the overall distribution of business in 2007-08 with the distribution in 2008-09.

57. In 2008-09 82% of all summary cases were taken and implemented (i.e. a decision on the appropriate course of action was taken and acted on appropriately) by COPFS within four weeks of receipt of the report, exceeding the aspiration of 75%, outlined in the System Model, by 7%. In 2007-08 77% of summary cases were taken and implemented within four weeks.

Stage 3: Court Diets

First Calling

58. In 2007-08 a total of 96,059 complaints were registered in the sheriff summary courts. In 2008-09 the number was 86,965, representing a reduction in business of 9%. Using information on cases closed in a particular time period, the average time from first case marking to first calling in court reduced from 37 days in 2007-08 to 31 days in 2008-09. Chart 6 shows that the percentage of cases concluded at first calling increased substantially from 25% in 2007-08 to 36% in 2008-09. Similarly, the guilty plea rate at first calling rose from 21% in 2007-08 to 33% in 2008-09. Chart 7 shows the breakdown of outcomes at first calling from April 2007 to March 2009.

Chart 6: Percentage of Cases Concluded at First Calling April 2007 to March 2009

Chart 7: Guilty Plea Rate at First Calling April 2007 to March 2009

59. The System Model paper sets out a number of aspirations for the disclosure of information to the defence by COPFS. In cases where the accused pleads not guilty, the PF should notify the police of the need for full witness statements within three working days of the not guilty plea. The police should provide the full witness statements to the PF within 28 days of the not guilty plea. In 2008-09 the PF notified the police of the need for full statements within three days in 64% of cases in which the accused pled not guilty. In the same period the police provided the full statements within 28 days of the not guilty plea in 70% of cases.

60. The reforms to the structure of summary criminal legal aid were introduced in June 2008. In the 9 months since the changes were implemented, (i.e. July 2008 to March 2009) average grants of criminal advice and assistance have fallen by 65% compared to the average receipts for April to June 2008, while grants of criminal ABWOR (mainly for guilty pleas or cases continued without plea) have increased by 152%. Average applications for summary criminal legal aid following the tendering of a not guilty plea fell by 24% in the same period. The average total applications for ABWOR and Summary Criminal Legal Aid increased by 9.7% over the two periods.

Intermediate Diet

61. The average time from first calling in court to intermediate diet reduced from 91 days in 2007-08 to 82 days in 2008-09. The percentage of cases concluded at intermediate diet decreased from 24% in 2007-08 to 21% in 2008-09. The guilty plea rate at intermediate diet decreased slightly from 17% in 2007-08 to 15% in 2008-09. Chart 8 suggests that the trend is downward, occurring at the same time as the increase in the proportion of cases pleading guilty at first calling.

Chart 8: Guilty Plea Rate at Intermediate Diet April 2007 to March 2009

Trial Diet

62. The percentage of cases concluded at commencement of trial diet (i.e. without any evidence being led) reduced in 2008-09 to 57% compared with 61% in 2007-08. Chart 9 shows that the guilty plea rate at trial diet also reduced to 26% in 2008-09, from 29% in 2007-08.

Chart 9: Guilty Plea Rate at Trial Diet April 2007 to March 2009

63. In the year since the reforms to summary justice were implemented the total number of witness citations issued has decreased by 9%, from 531,976 in 2007-08 to 481,999 in 2008-09. The number of police witness citations issued decreased by 23% from 288,559 in 2007-08 to 223,291 in 2008-09, while the number of civilian witness citations decreased by 5% from 235,439 in 2007-08 to 223,695 in 2008-09.

64. In 2008-09 82% of summary criminal cases were disposed of (i.e. progressed from first calling to sentence) within 20 weeks, compared to 79% in 2007-08, suggesting that the reforms to summary justice are beginning to impact on the time taken to progress cases through court. Chart 10 shows the percentage of summary cases disposed of within 20 weeks between April 2007 and March 2009. ¹³

Chart 10: Percentage of Cases Disposed of Within 20 Weeks April 2007 to March 2009

End to End System Performance

65. Scotland Performs sets a target of 60% of cases to be dealt with (i.e. progressed from caution and charge to verdict) within 26 weeks. This measure is also a joint ACPOS/ COPFS/ SCS national target. Under Scotland Performs the target has been revised so that by 2011 at least 68% of cases should be dealt with within 26 weeks. In the year since the reforms to summary justice were implemented, performance has improved against this target with 74% of summary criminal cases progressed from caution and charge to verdict within 26 weeks in 2008-09. Chart 11 shows that in March 2008 around 70% of cases were dealt with within 26 weeks. By March 2009 this figure had increased to 77%, suggesting that the reforms have made a substantial contribution to speeding up case handling times.

Chart 11: Percentage of Cases Dealt With in 26 Weeks April 2007 to March 2009

Chart 12: Distribution of Cases Proceeded With by way of a Direct Measure or Prosecution in Court 2007-08

66. Charts 12 and 13 show the distribution of cases proceeded with either by way of direct measure or prosecution in court in 2007-08 and 2008-09. The charts show that both the total volume and the proportion of cases marked for prosecution in the sheriff summary courts has reduced. The volume of cases marked for a fiscal direct measure has also decreased but the substantial increase in the volume of police direct measures means that the overall proportion of cases resulting in an alternative to prosecution has increased from 42% in 2007-08 to 48% in 2008-09. Both the volume and proportion of cases marked for prosecution in the JP courts have increased slightly.

Chart 13: Distribution of Cases Proceeded With by way of a Direct Measure or Prosecution in Courts 2008-09