Target 1:
60% of Sheriff Summary and District Court cases to be disposed of within 26 weeks of the date of caution and charge by March 2008. [Joint target with Justice portfolio.] |
Definitions: | Sheriff Summary: cases which are heard in the Sheriff Court by a Sheriff sitting without a jury. District Court: cases which are heard in the District Court by either a Stipendiary Magistrate or a Justice. Disposal: the Verdict Date, i.e. the date when proceedings are concluded by acceptance of a plea from the accused, or when the verdict is reached by the court (Sheriff, Magistrate or Justice). Date of Caution & Charge: the date the accused is cautioned and charged by the police. |
Data: | Data to measure performance will be extracted from the COPFS National Database - programmes will compare the Caution & Charge date and the verdict date. |
Who produces the data: | COPFS Business Improvement and Policy Development Division. |
Exact time period: | The end date will be 31 March 2008. |
Timeliness of the data: | The data will be collected and reported quarterly. We plan to begin formally reporting on this target in the third quarter of 2006-07. Preliminary results from the new data extraction systems will, however, give an indication of progress in relation to the 31st March 2006 milestone listed below. These preliminary results will need to be fully verified as part of the validation of the new data systems. |
Past trends: | This is a new target but a sampling exercise in 2003-04 suggested that around 42% of Sheriff Summary and District court cases were disposed of within 26 weeks of the date of caution and charge. Performance of the target will depend not only on the time taken by COPFS to process a case, but also on how long it takes the police to report an offence to the Procurator Fiscal and whether the case proceeds to trial. |
Milestones: | 50% of cases to be disposed of within 26 weeks by 31 March 2006. |
Quality control: | Data will come from the COPFS National Database, which is an operational case tracking system. There are data verification and quality control procedures, which are supplemented by manual procedures to ensure the validity of the data held. |
Target 2:
To implement agreed recommendations of COPFS Inspectorate's review of the prosecution of racial crime by March 2006 and other agreed recommendations of COPFS Inspectorate's reviews within two years of such agreement. |
Definitions: | Racial crime: a crime or offence that is perceived to be racist by the victim or any other person, and for which there may be sufficient evidence to justify criminal legal proceedings. Inspectorate Review: the new Inspectorate has been asked to inspect and report on how racial crime is prosecuted by 31 December 2004. Agreed recommendations: those recommendations by the Inspectorate that COPFS agrees to implement. Two years: two years from the date on which COPFS agrees the recommendations by the Inspectorate. |
Data: | COPFS Business and Policy Development Division will be responsible for implementation of the agreed recommendations. |
Who produces the data: | COPFS Business and Policy Development Division. |
Exact time period: | The review of the prosecution of race crime will cover prosecutions/decisions for cases reported to COPFS in the two financial years to 31 March 2004. |
Timeliness of the data: | The Inspectorate's Review Report was published in Spring 2004 and recommendations agreed accordingly. |
Past trends: | The public perception of the prosecution of racial crime and of High Court business has been damaged by a number of high profile cases that have received publicity detrimental to the criminal justice system. |
Milestones: | None. |
Quality control: | Not applicable. |
Target 3:
Serve indictments in 80% of Sheriff and jury cases that involve bail within eight months of first appearance on petition by March 2008. |
Definitions: | Petition
The legal document containing the charges on which an accused person first appears in court in solemn proceedings (i.e. indictment or jury trial procedure). This commences the 12 month time limit for trial in bail cases. Indictment
The legal document containing the charges on which an accused will be tried before a jury. Serve
Lawful service of Indictment on an accused 29 clear days before the date of trial. |
Data: | Data to measure performance will be extracted from the COPFS National Database - programmes will compare the interval between the first appearance on petition and the service of an indictment in Sheriff Jury bail cases. |
Who produces the data: | COPFS Business and Policy Development Division. |
Exact time period: | The end date is performance for the year ended 31 March 2008. |
Timeliness of the data: | Data will be collected and reported monthly. |
Past trends: | Indictments were served within 9 months of appearance on Petition in an average of 71% of Sheriff and Jury bail cases during 2001-02, 74% in 2002-03 and 87% in 2003-04. |
Milestones: | A target average of 75% within 8 months by 31st March 2007. |
Quality control: | Data will come from the COPFS National Database, which is an operational case tracking system. There are data verification and quality control procedures, which are supplemented by manual procedures to ensure the validity of the data held. |
Target 4:
To serve all High Court indictments that involve bail within 10 months of first appearance on petition and 80% within nine months of first appearance on petition by March 2008. |
Definitions: | Petition
The legal document containing the charges on which an accused person first appears in court in solemn proceedings (i.e. indictment or jury trial procedure). This commences the 12 month time limit for trial in bail cases. Indictment
The legal document containing the charges on which an accused will be tried before a jury. Serve
Lawful service of Indictment on an accused 29 clear days before the date of trial. |
Data: | Data to measure performance will be extracted from the COPFS National Database - programmes will compare the interval between the first appearance on petition and the service of an indictment in High Court bail cases. |
Who produces the data: | COPFS Business and Policy Development Division. |
Exact time period: | The end date is performance for the year ended 31 March 2008. |
Timeliness of the data: | The data will be collected and reported monthly. |
Past trends: | Indictments were served within 9 months of appearance on Petition in an average of 57% of High Court bail cases in 2003-04 and 51% in 2002-03. |
Milestones: | None. |
Quality control: | Data will come from the COPFS National Database, which is an operational case tracking system. There are data verification and quality control procedures, which are supplemented by manual procedures to ensure the validity of the data held. |
Target 5:
In partnership with Justice portfolio, reduce by 10% the level of High Court trial diet adjournments by March 2008. |
Definitions: | Trial adjournment: a trial which is not able to commence at the scheduled diet and has to be continued to another diet. |
Data: | There are various reasons for trials being adjourned but the main ones are non-attendance of a witness (Crown/defence); further time needed for preparation (including counsel's availability and late instructions). Reasons for adjournments are recorded in the minutes of court proceedings. |
Who produces the data: | Scottish Court Service (SCS) - from its computerised case management system. |
Exact time period: | The end date will be 31 March 2008. The baseline year will be 2004-05, when the legislative changes impacting on High Court reform come into effect. |
Timeliness of the data: | The data will be collected and reported quarterly in SCS performance reports within 21 days of the end of each quarter; and annually (on the basis of the financial year) in the SCS annual reports and accounts. |
Past trends: | In 33% of cases listed in 2001 the trial was adjourned at least once. |
Milestones: | No milestones have been set to allow transition and bedding down of the reforms. Independent evaluative research of the High Court reforms is expected to be published at the end of 2006. |
Quality control: | Comparison with COPFS data, MIS monitoring and audit compliance. |
Target 6:
To communicate court bail decisions within 24 hours to 90% of victims in cases in which the accused has appeared from custody by March 2008. |
Definitions: | Communicate: means in person, by telephone or by post. 24 hours: means by the end of the next working day. Note: This is designed to measure the Crown Office and Procurator Fiscal Service's (COPFS) effectiveness is providing information to victims of crime and applies to those cases where the court allows bail to the accused. The target applies to the Victim Information and Advice (VIA) offices currently in operation and also applies only to those categories of victims within the remit of VIA. |
Data: | Data to measure performance will be extracted from the COPFS National Database - programmes will compare the date of the bail decision and the date the decision was communicated to the victim(s). |
Who produces the data: | VIA will be responsible for collecting and reporting the data. |
Exact time period: | The data will be reported by financial year. |
Timeliness of the data: | The data will be collected monthly and reported quarterly The quarterly report will be available within 60 days of the end of the quarter. |
Past trends: | Performance has been around 95% in 2003-04. But VIA's remit has expanded, so the target now encompasses a wider range of activity than previously. |
Milestones: | None. |
Quality control: | The data will come from VIA case files. Planned quality assurance checks will include sampling to ensure the accuracy of data in these case files and in reported data. |
Target 7:
In deaths which require further investigation, to conclude investigation and advise next-of-kin of outcome within 12 weeks in 80% of cases by March 2008. |
Definitions: | Deaths
Defined as death reports received by the Procurator Fiscal from the Police and from medical practitioners. Requiring Further Investigation
All suspicious or violent deaths or any sudden or unexplained death in which the circumstances are such as to give rise to serious public concern; and any death brought to the notice of the Procurator Fiscal where further investigation is deemed necessary in the public interest. 12 Weeks
12 weeks means 12 weeks from the date the death report was received by the Procurator Fiscal. |
Data: | Data to measure performance will be extracted from the COPFS National Database - programmes will compare the date of receipt of the report and the closure of the investigation. |
Who produces the data: | COPFS Business and Policy Development Division. |
Exact time period: | The end date is the performance for the year ended 31 March 2008. |
Timeliness of the data: | The data will be collected and reported monthly. |
Past trends: | Performance was 85% in 2003-04. Previously, the target was to report certain categories of deaths to Crown Office within 12 weeks of receipt of death reports. This was replaced by the more outcome based target of concluding investigations and advising next of kin of the outcome in deaths that have required further investigation. |
Milestones: | None. |
Quality control: | Data will come from the COPFS National Database, which is an operational case tracking system. There are data verification and quality control procedures, which are supplemented by manual procedures to ensure the validity of the data held. |