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INSPECTORATE OF PROSECUTION IN SCOTLAND
Thematic Report on Crown Office and Procurator Fiscal
Service's Response on Race Issues
Annexe C Footnotes
1 Leading questions should not be used. Examples
of appropriate questions include: "Why did this happen?" or
"What was the motive behind the incident?"
2 Racist Crime should be interpreted to mean any
case reported to Procurators Fiscal in which the police
have charged the accused with a statutory racial offence or
aggravation (including offences in terms of the Public
Order Act 1986, S50A of the Criminal Law Consolidation
(Scotland) Act 1995 and where the aggravation under S96 of
the Crime and Disorder Act 1998 has been used).
3 If the reporting officer is unable to ascertain
the language and/or dialect required this fact should be
set out in the police report to allow the Procurator Fiscal
and the police to work together to ensure that a genuine
assessment of the language needs of the individual takes
place prior to attendance at court.
4 The protocol will come into force from 1 April
2002 and should be followed with regard to cases calling
for the first time in court thereafter.
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