Scottish Government

OFFICE INSPECTION - CAMPBELTOWN

9 MAY 2006

Background

In accordance with our Business Plan, we are committed to regular audits of District and Area Offices to ensure compliance with race relations, policies and strategies.

This is our report of the Procurator Fiscal's Office at Campbeltown. The Campbeltown office is part of Argyll and Clyde Area.

Methodology

Our approach to office inspections involves consideration of the following areas:

• Adherence to policy guidelines in relation to prosecution of racist crime
• Use of interpreters and translation issues
• Employment issues
• Consultation with communities
• Deaths involving racial and/or cultural awareness issues.
• Complaints against the police which are of a criminal nature

The following measures are taken to inform the inspection process.

Sampling of Race Charges

The Crown Office and Procurator Fiscal Service (COPFS) has a single corporate database (herein referred to as the National Database) that connects all Procurator Fiscal Offices and Crown Office units and facilitates the transfer of legal casework. An extract of data from the National Database is obtained from Management Information Division in Crown Office containing details of all charges with a racial element reported to Fiscal Offices over the course of financial years 2004-05 and 2005-06 [1]. It is worth noting that the database is an operational one, not statistical, and hence is 'live', being constantly updated as cases progress. As such the extract is a 'snapshot' as at date of extraction (current extract relates to 'as at' December 2005).

The General Sample

We are concerned with the statutory race charges as created by the Crime and Disorder Act 1988. A sample of Section 50A racial charges and charges with Section 96 racial aggravations recorded against them is drawn from the most recent 12 month`s worth of data contained in the extract and the related case papers were requested from the office and examined by the team. Those charges are those that appear, as recorded on the database, to have been dealt with in accordance with the guidelines - this part of the sampling exercise was designed simply to be an independent check on compliance with policy.

The charges are drawn using a stratified random sampling method. For details on the sampling methodology employed, please contact Kirsty MacLean (e-mail Kirsty.maclean@scotland.gsi.gov.uk) or telephone 0141 229 6203).

The Risk-Assessed Sample

Our inspection process is partly based on risk assessment. Therefore, in addition to the general sample referred to above, all case papers containing any charges which appear, as recorded on the database, to have been dealt with in contravention of the guidelines are specifically requested for examination. Given the potential importance of such cases and since these charges are of particular interest to us, we request the relevant case papers in relation all such charges over a longer time period than that for the general sample (a minimum of 21 months as compared to 12 months).

The contraventions of policy that can be identified from examination of the data extract are charges in respect of which a fiscal fine or warning letter have been issued or proceedings taken in the District Court. (Note however that revised guidance from Crown Office was issued to staff on 23 June 2004, which thereafter made it possible to issue a warning letter in exceptional circumstances, with the agreement of the Area Fiscal).

Case papers are also requested which contain any charges that are recorded on the database as being unmarked (i.e. no decision yet taken as to how to proceed), or any charges where no proceedings have been taken (given the policy to always proceed where there is sufficient evidence). Case papers are also requested which contained any charges marked for 'merge' (this is where the marking Depute has decided to amalgamate one or more charges reported by the police, usually for sound legal reasons). Any other charges that appear to have been marked and/or dealt with in an unusual or unexpected manner (e.g. charges/cases which have been deserted) are also requested for inspection.

Case papers are also requested to be made available for inspection regarding any deaths which were reported and investigated over the previous 12 month period where:

• special consideration was required, as defined in Annex 3 in Chapter 12 of the Book of Regulations [2] (racial and cultural awareness)
• the ethnicity of the deceased was in some way related to the cause of death (e.g. the murder of someone from a minority ethnic background).

A questionnaire covering a number of issues related to the areas for consideration (as outlined above) is sent to the office in advance of the inspection and returns are analysed to allow exploration of any issues raised in the returns, at the time of the inspection.

The composition of staff in post (numbers, grades and ethnicity) in the office is considered prior to the inspection visit. Similarly considered is the proportion of staff who have attended the Diversity Awareness Programme.

2001 Census data was obtained from the General Register Office for Scotland (GROS) showing Sheriff Court Districts (which equate to Fiscal Office area) by ethnic group to allow us to consider the staff ethnicity information in the context of local population ethnic mix.

Race Crime

Crown Office policy on the prosecution of race crime is a robust one and the execution of the policy is closely monitored by the Department. A member of legal staff decides what course of action to take in each case, this is then checked by the District Fiscal for compliance with the Departmental policy and a copy of the case is then sent to the Area Fiscal. Responsibility for the monitoring of compliance in such cases lies with the Area Fiscal. Three-monthly reports from the Areas are considered at the Legal and Policy Forum [3].

Table 1 - Racial Charges and Racial Aggravations reported to Campbeltown Fiscal Office in financial year (FY) 2004/05 and 2005/06 [1]

The data extracted from the National Database revealed that in respect of the Campbeltown office, in FY year 2004/05:

• No Section 50A(1) (a) charges were reported
• One Section 50A(1) (b) charge was reported
• No charges with Section 96 aggravations recorded against them were reported

And in 2005/06 [1]:

• No Section 50A(1) (a) charges were reported
• Four Section 50A(1) (b) charges were reported
• One charge with a Section 96 aggravation recorded against it was reported

As such small numbers were involved all of the cases were inspected.

The general sample

In respect of the 3 Section 50A charges (3 case papers), we found that in respect of 2 charges (2 cases) marking and court policy were complied with but policy was breached by not referring the complainers to VIA. The other Section 50A charge was appropriately marked for no proceedings.

In respect of the one charge with a Section 96 aggravation recorded against it, we found that the charge was appropriately marked (part of a 10 charge case).

The risk-assessed sample

A total of 2 charges (2 cases) were automatically requested for inspection. These consisted of:

• One Section 50A charge marked for 'no proceedings', reported in FY 2005-06
• One Section 50A charge marked for the accused to receive a warning letter, reported in FY 2004-05

In respect of these 2 charges we found that:

• The Section 50A charge marked for 'no proceedings' was appropriately marked

• The case marked for the accused to receive a warning letter was also appropriately marked. However, there was a technical breach of policy, as the Area Procurator Fiscal was not given the opportunity to confirm the decision, as it did not appear that the monitoring form was forwarded with a copy of the police report to the Area Procurator Fiscal.

Monitoring of race crime

There has been no permanent Procurator Fiscal in Campbeltown since 2003. Two deputes from the Paisley office cover Campbeltown as well as duties at Paisley. The majority of cases are marked by one of the Deputes and racial monitoring forms A (an internal record of what has taken place) are completed when in attendance at the Campbeltown office. The District Procurator Fiscal at Paisley is responsible for checking the marking of race crime cases.

The Area Business Assistant is responsible for collating all area information relating to race crime and preparing the draft Area Report. The Area Procurator Fiscal reviews the report which is then forwarded to the Crown Office Legal and Policy Forum.

It was noted, as with many offices, that the monitoring forms B are not always completed and that the office could not be sure that all race crime cases are passed on for monitoring. This is highlighted by the technical breach of policy referred to above when a warning letter was not confirmed by the Area Fiscal. There is currently no management information printout available from the computer system that will allow a check to be made to ensure all race crime cases have been dealt with.

Interpreters

Interpreting services were not required in Campbeltown during calendar year 1 January to 31 December 2005. When there is a need for an interpreter the Office Manager will contact the Paisley office to make arrangements with Global Language Services. Both deputes and the Office Manager are aware of the need to complete the 'interpreters monitoring form'.

Given the geographical location of the office it has been made known to the Office Manager that it may be difficult to get an interpreter willing to travel to Campbeltown. In these circumstances the office will take steps to ensure that, where possible, adequate notice would be given so that arrangements can be made.

Deaths

There were no deaths reported in Campbeltown within the period concerned (1 January 2005 to 31 December 2005) where racial and cultural considerations were a feature.

It is appreciated by legal staff that the Office Manager bears more of a burden in relation to deaths generally than may normally be expected.

Complaints Against The Police

The Procurator Fiscal deals with complaints against Police Officers of a criminal nature and we seek to monitor those with a minority ethnic dimension.

In the relevant period no such complaints were reported.

Employment

Latest data [4] shows that 99.6 per cent of the population in the Campbeltown Sheriff Court District area is from a white background. Other ethnic groups, of which a Mixed Background is the largest at 0.13 per cent, account for 0.4 per cent.

As at 1st January 2006, Campbeltown had a staff of 2, consisting of:

Legal staff

• 1 Procurator Fiscal Depute - part-time rota basis only

Administrative staff

• 1 Office Manager (Band B)

No members of staff are from a minority ethnic background (as self-reported to Human Resources Division in COPFS via survey) in the Campbeltown office. Given that there are only 2 members of staff in the office and that minority ethnic representation in the area is low we concluded that it is not untoward that no members of staff are from a minority ethnic background.

If there were local vacancies arrangements would be made to advertise in the local paper and in the job centre. We were advised that the local ethnic minority population tend to have been in the area for at least a generation therefore they are well integrated into the community.

Diversity Awareness

All members of staff at the office have attended the Departmental Diversity Awareness Programme.

Consultation

The only permanent member of the Campbelton Office based there is the Office Manager who is not a member of the Area Diversity Team. The Area Diversity Team does, however, provide information and support, as required

There are obvious difficulties with outreach given that it has no permanent member of legal staff and the small size of the minority ethnic community in Campbeltown. However, general outreach has been attempted by at least one member of legal staff to groups of local children who have come to visit the court with the community police officer. The same depute is involved in training of local Police officers. That staff member is to be commended for this work.

Conclusions

There was a high level of compliance with policies on marking and Court practice. However it would appear that not all cases suitable for referral to VIA are being referred. The operational difficulty highlighted in other reports on the lack of management information available to ensure all race cases have been monitored is highlighted here.

Commendable commitment, however, is shown by the staff who deal with Campbeltown work from a great distance and the commitment of the office manager.

[1] At time of extraction data was only available for the first nine months of FY 2005/06 i.e. April to December 2005.

[2] The Book of Regulations provides guidance and instruction to members of the Crown Office and Procurator Fiscal Service on the way Procurators Fiscal should be carry out their duties.

[3] The remit of the Legal and Policy Forum is: To take the lead in the development of prosecution policy and consider legal and operational issues within the Crown Office and Procurator Fiscal Service. The Forum also acts as sounding board for wider management issues and a means for all Area Fiscals to have an input into the overall management of the COPFS

[4] General Register Office for Scotland 2001 Census of Population