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New guidelines for police on racist crime
26/02/2002
New guidance on racist crime has been circulated to all
Chief Constables, it was announced tonight.
The Solicitor General for Scotland, Mrs Elish Angiolini,
told the General Council Meeting of Tayside Racial Equality
Council in Dundee that the guidelines were intended to make
a real difference in the way incidents are handled.
The guidelines, issued by the Lord Advocate, are part of
the response of the Crown Office and Procurator Fiscal
Service and the police to the recommendations made by Dr
Raj Jandoo in his report in the case of the murder of
Surjit Singh Chhokar in 1998.
The guidelines cover the reporting of racist crime by
the police to Procurators Fiscal, the need to assess the
language needs of victims and bereaved relatives, cultural
sensitivities and the need to deal appropriately with the
religious and cultural needs of bereaved relatives in cases
where a death has occurred.
She said: "We are committed to ensuring that we learn
the lessons of the Chhokar case. While we have made
significant improvements already I consider that the
guidelines will allow us to more effectively meet the needs
of bereaved relatives, victims and witnesses. The
guidelines will make a difference."
The new guidelines, which will be implemented from April
1, 2002, are also designed to reflect recommendations of a
review report by the Crown Office Race Strategy Group, and
the '
Without Prejudice?' report of Her Majesty's
Inspectorate of Constabulary (HMIC). The reports identified
areas where improvements in the reporting by the police of
racist crime and in the information provided by the police
to Procurators Fiscal were necessary.
Chief Constable Andrew Brown, president of the
Association of Chief Police Officers in Scotland, said:
"The Scottish Police Service has been actively involved
with the Crown Office in addressing Dr Jandoo's
recommendations. The publication of guidelines by the Lord
Advocate on such important matters is very welcome. The
clarity they bring will help to ensure that people who are
involved with the criminal justice system have their
language requirements met and their cultural needs
respected".
Lord Advocate's guidelines to Chief Constables are
sometimes considered confidential in circumstances where
their publication could prejudice the investigation of
crime by the police. However it is considered no such risk
applies to these guidelines and they will be made public on
the Crown Office website at
www.crownoffice.gov.uk from 27 February, 2002.
The guidance, which also attempts to meet the
requirements of the Race Relations (Amendment) Act 2000,
covers:
- the investigation and reporting of racist
crime;
- the use of bail or undertakings e.g. where victims
and witnesses may be at risk;
- the impact of crime on victims;
- the assessment of language need and cultural
sensitivities for the accused, victims and
witnesses;
- the instruction of interpreters for criminal court
assignments;
- the liaison with next-of-kin and bereaved
relatives.
The guidelines were welcomed by Dharmendra Kanani, Head
of the Commission for Racial Equality in Scotland who
said:
"The Commission for Racial Equality welcomes the Lord
Advocate's guidelines on racist crime. These are still
relatively new offences in Scots law and the process of
review is critical to the successful use of the provisions.
Reviewing what we do in the light of experience should form
an integral part of all our work, a point reinforced by the
new duties within the Race Relations Amendment Act. What we
are all aiming for is improved services for all and the
guidelines represent a positive contribution to this aim.
We welcome the publication of these revised guidelines and
applaud the fact that they will be publicly available."