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CRIMINAL JUSTICE SYSTEM OBJECTIVES REVIEW
PROPOSALS FOR THE INTEGRATION OF AIMS, OBJECTIVES AND TARGETS IN THE SCOTTISH CRIMINAL JUSTICE SYSTEM
VOLUME II - ANNEX E : CRITICAL PATH ACTIVITIES/DEPENDENCIES
POLICE:
- Timely submission to PF of fit for purpose (accurate and adequate) investigative "reports" (eg for search warrants).
- Timely submission to PF of fit for purpose (accurate and complete) reports (and supporting documentation) for consideration of proceedings.
- Timely further investigation and submission to PF of any necessary supplementary reports.
- In Petition custody cases - timely submission to PF of adequate statements for FC.
- In initiating warrant cases - timely execution of arrest warrant.
- In summary personal service cases - timely execution of service of complaint.
- Where accused in custody - timely production of accused for court.
- In summary not guilty plea cases - timely submission to PF of fit for purpose statements of witnesses and timely provision to defence, on request, of copies of statements of police witnesses.
- In Petition cases - timely submission to PF of full witness statements.
- In Petition and not-guilty summary cases - timely submission to PF of productions.
- In indictment cases - timely and accurate service of indictment.
- In forensic, fingerprint etc cases - timely submission to PF by police agencies of fit for purpose reports.
- In non- or failed postal citation of witnesses - timely and accurate service of citation on witnesses and return of executions to PF.
- Attendance of police witnesses in response to call to court.
- In non-appearance warrant cases - timely execution of arrest warrant.
Note - Although covered by the Police (Scotland) Act definition of the duties and functions of the police in Scotland, some of the foregoing activities are apparently not regarded by the police as core police functions. Recent Annual Reports of HM Chief Inspector of Constabulary for Scotland have listed prisoner escort and court duties, service of legal documents, custody and related tasks, and execution of warrants as "Non-Core Tasks". Whether or not such an assessment is justified, standing the terms of the Act, there is no doubt that the activities listed above are key to the efficient and effective operation of the CJS in Scotland.
COPFS:
- Timely instructing of necessary pre-marking inquiries.
- Timely and accurate preparation of pre-proceeding documents.
- Timely and accurate marking of cases for court proceedings or alternative action (including re-marking in failed diversion or service).
- In cases for court - timely and accurate preparation of court documents, service or issue for execution, and notification to court administration.
- In initiating warrant cases - accurate and timely preparation and obtaining, timely issue for execution, follow-up and review of enforcement.
- In summary not guilty plea cases - timely request for statements, productions and where necessary further investigations.
- In summary not guilty plea cases - accurate and timely selection of witnesses, preparation of citations and issue of citations for service.
- In solemn cases - accurate and timely selection and precognition of witnesses.
- Properly and timely preparation for pre-trial diets, summary and solemn, including service of documents and appropriate provision of information and discussion/agreement with the defence.
- Proper and timely preparation for trial.
- In non-appearance warrant cases - timely action to arrange execution or invited attendance.
- Appropriate review of available information, as to whether proceedings continue to be in the public interest.
COURT ADMINISTRATION:
(SCS/DISTRICT COURTS)
- Timely and accurate provision and fixing of court diets/sittings at all stages.
- Appropriate loading of court sittings.
- Timely and accurate preparation of court minutes.
- In summary not guilty letter plea cases - timely notification of diet dates to accused after pleading diets.
- In warrant cases - timely issue to PF.
- In Fiscal Fine/Fixed Penalty cases - timely notification by District Court administration of non-payment to PF.
- In cases where sentence deferred for reports - timely and accurate request to appropriate agency.
SPS:
- Timely and accurate production of custody accused for court.
CJSW:
- In cases under consideration for diversion - timely and accurate preparation and submission of diversion suitability reports to PF, and discussion where appropriate.
- In conditional/deferred prosecution diversion cases - timely notification to PF of completion/failure.
- In cases where sentence deferred for report - timely and accurate preparation and submission of these.
SLAB:
- Timely and accurate processing and decision-making re legal aid applications.
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