Scottish Government

OFFICE INSPECTION - GREENOCK

29 & 30 AUGUST 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 Greenock. The Greenock 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 months' 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 Cases Request

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 (ie 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 Greenock 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 Greenock office, in FY year 2004/05:

• 2 Section 50A(1) (a) charges were reported
• 15 Section 50A(1) (b) charge was reported
• 6 charges with Section 96 aggravations recorded against them were reported

And in 2005/06 [1]:

• 2 Section 50A(1) (a) charges were reported
• 26 Section 50A(1) (b) charges were reported
• 14 charges with a Section 96 aggravation recorded against it was reported

In relation to the following discussion of the sampling that is carried out, please note that the number of case papers requested is not the same as number of charges drawn for sampling because a case can (and frequently does) contain more than one charge. Since the sampling is conducted at charge level, in some instances, more than one charge from a single case is selected into the sample. This meant that the number of case papers requested is lower than the number of individual charges selected.

The general sample

A sample of 21 Section 50A charges (14 cases) and 11 charges (9 cases) with Section 96 aggravations recorded against them were drawn. Resulting from the general sample, therefore, a total of 16 case papers (32 charges) were subsequently requested for inspection. 7 of these 16 cases contained both Section 50A charges and charges with Section 96 aggravations recorded against them.

In respect of the 21 Section 50A charges (14 cases), we found that marking policy had been complied with in respect of 20 charges (13 cases). In the other case, a charge originally charged by the police as a Section 50A (1) (a) was changed by the fiscal to a Section 50A (1) (b) but the evidence did not support the racial element and a plea of not guilty was taken at trial. We found compliance in respect of conduct during court proceedings in all relevant cases.

In respect of the 11 charges (9 cases) with Section 96 aggravations recorded against them we found that policy had been complied with in respect of marking in all cases and in respect of conduct during court proceedings in all relevant cases.

The risk-assessed cases request

A total of 7 charges (5 cases) were selected for inspection. These consisted of:

• 6 Section 50A charges recorded as being marked for 'no proceedings', 4 reported in FY 2005-06 and 2 reported in FY2004-05

• One charge with a Section 96 aggravation recorded against it, recorded as being marked for 'no proceedings', reported in FY 2004-05

In respect of the Section 50A charges, we found that:

• In respect of one charge, the decision to take no proceedings was incorrect. The charge was marked for no proceedings on the basis of insufficient evidence when it appeared there was a sufficiency

All other charges were correctly marked for no proceedings:

• One charge on the basis of insufficient evidence
• One charge due to the age of offence when the police reported it to the fiscal
• Three charges (one case) which were marked as 'time barred' - the offences were not actually time barred but the decision to take no proceedings was appropriate due to the age of the case

In respect of the charge with the Section 96 aggravation recorded against it, marked for no proceedings, we found that:

• The decision to take no proceedings was correct. During the inspection of the case however we found another charge which should have been changed from a Section 50A (1) (a) (as charged by the police) to a Section 50A (1 (b) as there was no course of conduct involved in the incident. The accused was subsequently found not guilty at trial.

Monitoring of race crime

Forms A and B are completed by marking and court deputes and passed to the District Fiscal along with the case papers for checking and signing. If there are any issues of non compliance with Crown Office race policy, the District Fiscal will speak to the depute concerned or write to the Police Divisional Commander if it is a police issue relating to the quality of reports.

We were advised that occasionally deputes do not complete the appropriate forms but the Office Manager informed that checks the computer system on a quarterly basis to identify race crime cases and ensures that all relevant forms have been completed.

The Area Business Assistant is responsible for collating all the Argyll and Clyde Area information relating to race crime and preparing the draft Area Report. The Area Procurator Fiscal reviews the relevant case papers and the report before it is forwarded to Legal and Policy Forum.

The Area Fiscal discusses the race monitoring figures quarterly with District Fiscals at Area Management Meetings and at office visits. Any shortcomings are drawn to the attention of the District Fiscal who will take steps to address these.

Interpreters

Three of the cases that were inspected required interpreting services and these needs were met.

In Greenock a member of admin staff will e-mail the Area Business Assistant based at Paisley to make a request for an interpreter to be ordered. Arrangements are then made with Global Language Services for an interpreter to attend court.

The office advised that there are no problems with the use of interpreters and during the period 1 January to 31 December 2005, fourteen interpreters plus two sign language interpreters were ordered.

The appropriate section of the 'Interpreters Monitoring Form' is always completed by interpreters and is sent to the office along with the invoice for services provided.

Deaths

There were no deaths reported in Greenock within the period concerned where racial and cultural considerations were a feature.

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 just over 99 per cent of the population in the Greenock Sheriff Court District area is from a white background. Other ethnic groups, of which Indian is the largest at 0.2 per cent, account for just under one per cent.

As at 1st January 2006, Greenock had a staff of 25, consisting of:

Legal staff

• 1 Procurator Fiscal
• 1 Principal Deputes
• 5 Procurator Fiscal Deputes

Administrative staff

• 3 Precognition Officers
• 2 Band C staff
• 1 Personal Assistant
• 11 Band B staff

Casual staff

• 1 Band B staff

There are no members of staff who are from a minority ethnic background (as self-reported to Human Resources Division in COPFS via survey) in the Greenock office. We concluded that proportionately this was not untoward given the minority ethnic representation in the area.

Vacancies for Band B staff are advertised locally. The District Fiscal advised that the West of Scotland Equality Council stated they no longer wished to be included in recruitment given that the positions offered were entry-level posts.

Diversity Awareness

As at 1 June 2005, all staff in the Greenock office had attended the Departmental Diversity Awareness Programme.

Consultation

The District Fiscal is a member of the Area Diversity Team. She is also a member of the local MADIM (Multi Agency Diversity Incident Monitoring) Group where various initiatives are discussed.

She had also recently been invited to attend local police tasking and co-ordination meetings where race/diversity is raised if there is a particular problem for a family or community and where decisions are to be made about how to deal with the particular problem.

The District Fiscal feels that being involved in such groups is beneficial as it allows information to be shared and results in raising awareness of a wide variety of issues.

In addition to the above, the District Fiscal has attended various local initiatives, for example, an 'Inverclyde Violence Reduction' event and a number of other legal staff were involved in Renfrewshire Schools mini-trials.

Conclusion

The Greenock office has a very high rate of compliance with policies on the prosecution of race crime, the exceptions we mention being very much in the minority.

All staff had received the departmental presentations on diversity and the District Fiscal was engaged in meaningful outreach initiatives.

[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