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INSPECTORATE OF PROSECUTION IN SCOTLAND
Thematic Report on Crown Office and Procurator
Fiscal Service's Response on Race Issues
EXECUTIVE SUMMARY
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Background
This is the first report of the Inspectorate of
Prosecution in Scotland. The creation of the Inspectorate
was the first recommendation of Dr Raj Jandoo in his report
to Ministers following the Chhokar murder in 1998.
His second recommendation was that there should be a
report by the new Inspectorate on the response by the Crown
Office and Procurator Fiscal Service (the Department) on
race issues. This report is in implementation of that
recommendation.
Dr Jandoo recommended that the report should not be
limited to a paper exercise and should include external
sources. To achieve that a number of groups throughout
Scotland have been contacted, questionnaires have been
issued and face-to-face interviews have taken place with
victims, interpreters, specialists and others. A Reference
Group was established to guide and assist the preparation
of the report and consisted of those with an interest in
and experience of the field of review.
The report centres on examining how the Department has
reacted to Dr Jandoo's findings but has also looked at race
crime itself and employment issues within the
Department.
Race Crime
Following the passing of the Crime and Disorder Act 1998
and the creation of specific statutory offences and
aggravations a tough policy was imposed on the Department
and monitoring arrangements put in place. In addition the
Police were given strict guidelines by the Lord Advocate as
to the investigation and reporting of racist offences.
We found that the policy was well known in the
Department and closely monitored, compliance was very high
with few exceptions. Court action was taken in about 85% of
cases as opposed to 60% in all cases where alternatives
such as fiscal fines are allowed. Compliance by the Police
has also been closely monitored and shows an improving
picture. The policy was seen to send a clear signal that
such offences would not be tolerated. We encountered some
opposition from staff, defence agents and sheriffs because
of the rigidity of the policy but in contact with victims
it was held to be the correct approach.
The policy had uniquely been decided following
consultation with the Commission for Racial Equality and we
feel it would be premature to relax this approach.
We found the conviction rate in race offences very high
at approximately 80% and the number of convictions had
increased considerably year on year. We were disappointed
and a little surprised to see that offenders came from both
genders and across the age groups, these offences not being
the exclusive preserve of young male offenders. Less
surprisingly we found that offenders had a high proportion
of previous offences (71%).
Overall, therefore, we found that the Department was
using the statutory provisions and that policy was
implemented and closely monitored. Indeed we know of no
other policy which is so closely monitored.
Interpreters
Dr Jandoo had found the failure to provide interpreters
and translation to be a major failing in the Chhokar
case.
Very detailed guidance has been given by the Department
on the use of interpreters and the Department has tried to
push up standards by insisting where possible on
interpreters having the Diploma in Public Service
Interpreting and recent experience of both consecutive and
simultaneous interpreting in court. A protocol for
instructing interpreters was created.
The Department is not the sole player in using
interpreters in the Criminal Justice System. The Police and
Court Service (for accused persons) also do so and we found
that the various partners were adopting a common approach
in the form of the Working Group on Interpreters and
Translation. We see this as the way forward in trying to
push up standards and obtain consistency.
We contacted a considerable number of interpreters
either face-to-face or in the form of a questionnaire.
Experience was mixed, some felt that all court personnel
including judges, prosecution and defence agents could
benefit from training in how to use interpreters. The
provision of adequate breaks was another problem as was the
question of how interpreters are treated. We make several
recommendations but without a doubt matters have improved
considerably within the Department on the provision of
interpreters for those for whom English is not their first
language.
Equally on translation since 2000 the Department has
been translating court and other documents into a number of
languages. These include standard leaflets on topics such
as "Being a Witness", complaints against the police, career
information and others.
In addition all race cases are referred to the Victim
Information and Advice initiative which provides
information to victims, bereaved and next of kin.
In general the changes we found have gone a long way to
meet the shortcomings in the Chhokar case.
Employment
The Department has tried to attract employees from the
minority ethnic communities in Scotland. The 2001 Census
shows the minority ethnic population of Scotland at 2% and
recent figures show that approximately 2% of staff come
from a minority ethnic background. The Department has
therefore managed to mirror the national figures.
The percentages vary from area to area but we found they
were roughly consistent with local minority ethnic
population figures.
A number of initiatives and devices have been used to
attract people including attendance at schools, career
fairs, secondments to and from Racial Equality Councils and
others. We found that law as a career was not a popular
choice for minority ethnic students but the Department had
recent success in attracting trainees from a minority
ethnic background.
The 2000 Race Relations (Amendment) Act imposed various
staff monitoring duties on public bodies and in a survey
the Commission for Racial Equality found this was one area
where compliance could be better. We found this true of the
Department also but there were definite plans to publish
(as required) the results of the monitoring, the
information was available but needed to be collated,
published and importantly analysed.
On the training front for all staff a 2-day diversity
awareness programme had been designed and rolled out. This
included considerable external input and close monitoring
has taken place. The feedback is very good and the
Department has attempted a subsequent impact assessment. A
wealth of diversity material has been provided for staff on
the Departmental intranet.
The Department has been successful in hitting Scottish
Executive targets for minority ethnic staff and has
provided a comprehensive awareness-raising programme for
all staff. This has been a major investment for the
Department.
Consultation
The Department's aim is to provide an independent modern
prosecution service, pursuing cases fairly and consistently
in the
publicinterest and being responsive to
publicneeds.
Dr Jandoo had found that the Department had for too long
been perceived as a faceless organisation, arrogant,
secretive and accountable to no one.
The Department in the immediate aftermath of the Chhokar
case created the Race (now Diversity) Strategy Group
chaired by the Solicitor General. Its function is to
develop the Departmental strategy for race issues and to
oversee the Strategic Plan.
This central policy body uniquely chaired by a Minister
sends a strong signal to both staff and public alike of the
commitment of the Department to delivery.
To obtain feedback from the public it seeks to serve a
number of initiatives have been developed including the
creation of the Equality Advisory Group whose remit
includes providing independent advice on the impact of
existing and future policies on equality issues. It
provides a forum for feedback.
An internal Race Team was also created to develop and
support the implementation of the Race Equality Action Plan
(REAP) and give advice to the local Area Diversity Resource
Teams. These local teams are a major plank for local
implementation of policy and their duties include the
monitoring of prosecution policy on racist crime,
recruitment and other issues. These represent an effort on
the ground by the Department to interact with the local
population. The Race Team created an impact assessment tool
for local managers and the Commission for Racial Equality
has recently provided a website for such advice.
The various devices adopted by the Department are seen
as a major investment in contacting and getting feedback
from the minority ethnic communities in Scotland. Their
existence has been favourably commented on and seen in some
quarters as a model for others although the Department
itself is reticent about others adopting their
approach.
Race Equality Scheme
In the aftermath of the report by Dr Jandoo the
Department created a Jandoo Action Plan which followed
acceptance by the Lord Advocate of all his recommendations
(40 in all).
This plan detailed the relevant 'Jandoo' recommendation
and outlined what the Department would do and by when. This
provided an immediate template against which progress could
be measured and enabled the then recently formed Race
Strategy Group with a means to measure and monitor
progress. The key milestones of the plan have been achieved
including the guidance to the police and the diversity
awareness programme. This approach we found to be thorough
and aims substantially achieved.
The 2000 Race Relations (Amendment) Act required public
authorities to prepare and publish a Race Equality Scheme
by 30 November 2002 setting out how they intended to meet
their obligations to promote race equality. The Scottish
Executive published an overarching Race Equality Scheme and
the Department published a detailed Race Equality Action
Plan (REAP) which to a large extent took over from the
Jandoo Plan.
The REAP is closely monitored by the Race Strategy Group
and has received favourable comment on its attention to
detail and thoroughness. It has recently been reviewed. All
major objectives were found to have been achieved and a
number of new objectives identified for Year 4.
We found that the approach to strategy was very thorough
and close monitoring was taking place. There was a clear
willingness to learn from experience and adapt.
Concluding Comments
Overall we felt that the Department had in the 6 years
since the Chhokar case moved very positively in a number of
areas and on a number of fronts.
The signs are very encouraging and there is strong
evidence of commitment to the task with a clear lead from
the top both at Ministerial and Management level.
We put in a final warning against complacency but found
no evidence of such. Although we have various
recommendations and suggestions they relate to detail, no
gap in policy/practice of any substance was found and the
Department was in the van of new initiatives and
partnership working.
Joseph T O'Donnell
Chief Inspector
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