OFFICE INSPECTION - DINGWALL
27 MARCH 2007
Background
In accordance with our Business Plan, we are committed to regular audits of District and Area Offices to ensure compliance with race relations, policies and strategies.
This is our report of the Procurator Fiscal's Office at Dingwall. The Dingwall office is part of the Highlands & Islands Area.
Methodology
Our approach to the office inspection involved consideration of the following areas:
- Adherence to policy guidelines in relation to prosecution of racist crime
- Use of interpreters and translation issues
- Employment issues
- Consultation with communities
- Deaths involving racial and/or cultural awareness issues.
- Complaints against the Police which are of a criminal nature.
The following measures are taken to inform the inspection process.
Sampling of Race Charges
The Crown Office and Procurator Fiscal Service (COPFS) has a single corporate database (herein referred to as the National Database) that connects all Procurator Fiscal Offices and Crown Office units, and facilitates the transfer of legal casework. An extract of data from the National Database is obtained from Management Information Division in Crown Office, containing details of all charges with a racial element reported to Fiscal Offices over the course of financial years 2005-06 and 2006-07 [1]. It is worth noting that the database is an operational one, not statistical, and hence is 'live', being constantly updated as cases progress. As such the extract is a 'snapshot' as at date of extraction (current extract relates to 'as at' August 2006). Data relating to earlier years (2003-04 and 2004-05) that has been obtained previously is also used to supplement the risk-assessment part of our inspection process (see section below 'The Risk-Assessed Sample' for more details).
The General Sample
We are concerned with the statutory race charges as created by the Crime and Disorder Act 1988. A sample of Section 50 racial charges and charges with Section 96 racial aggravations recorded against them was drawn from the most recent 12 months' worth of data contained in the extract and the related case papers were requested from the office and examined by the team. Those charges are those that appear, as recorded on the database, to have been dealt with in accordance with the guidelines - this part of the sampling exercise was designed simply to be an independent check on compliance with policy.
The charges were drawn using a stratified random sampling method. For details on the sampling methodology employed, please contact Kirsty MacLean (e-mail Kirsty.maclean@scotland.gsi.gov.uk) or telephone 0141 229 6203).
The Risk-Assessed Sample
Our inspection process is partly based on risk assessment. Therefore, in addition to the general sample referred to above, all case papers containing any charges which appear, as recorded on the database, to have been dealt with in contravention of the guidelines, are specifically requested for examination. Given the potential importance of such cases and since these charges are of particular interest to us, we request the relevant case papers in relation to all such charges over a longer time period than that for the general sample (a minimum of 29 months as compared to 12 months).
The contraventions of policy that can be identified from examination of the data extract are charges in respect of which a fiscal fine or warning letter have been issued or proceedings taken in the District Court. (Note however that revised guidance from Crown Office was issued to staff on 23 June 2004, which thereafter made it possible to issue a warning letter in exceptional circumstances, with the agreement of the Area Fiscal).
Case papers are also requested which contain any charges that are recorded on the database as being unmarked (ie no decision yet taken as to how to proceed) or any charges where no proceedings have been taken (given the policy to always proceed where there is sufficient evidence). Case papers are also requested which contain any charges marked for 'merge' (this is where the marking Depute has decided to amalgamate one or more charges reported by the police, usually for sound legal reasons). Any other charges that appear to have been marked and/or dealt with in an unusual or unexpected manner (eg charges/cases which have been deserted) are also requested for inspection.
Case papers are also requested to be made available for inspection, regarding any deaths which were reported and investigated over the previous 12 month period where:
- special consideration was required in terms of the Book of Regulations [2] (racial and cultural awareness)
- the ethnicity of the deceased was in some way related to the cause of death (eg the murder of someone from a minority ethnic background).
A questionnaire covering a number of issues related to the areas for consideration (as outlined above) is sent to the office in advance of the inspection and returns are analysed to allow exploration of any issues raised in the returns, at the time of the inspection.
The composition of staff in post (numbers, grades and ethnicity) in the office is considered prior to the inspection visit. Similarly considered is the proportion of staff who have attended the Diversity Awareness Programme.
2001 Census data was obtained from the General Register Office for Scotland (GROS) showing Sheriff Court Districts (which equate to Fiscal Office area) by ethnic group, to allow us to consider the staff ethnicity information in the context of local population ethnic mix.
Race Crime
Crown Office policy on the prosecution of race crime is a robust one and the execution of the policy is closely monitored by the Department. A member of legal staff decides what course of action to take in each case, this is then checked by the District Fiscal for compliance with the Departmental policy and a copy of the case is then sent to the Area Fiscal. Responsibility for the monitoring of compliance in such cases lies with the Area Fiscal. Three-monthly reports from the Areas are considered at the Area Fiscals GroupLegal and Policy Forum [3].
Table 1 - Racial Charges and Racial Aggravations reported to Dingwall Fiscal Office, 2005-06 and 2006-07[4]
| 2005-06 | 2006-074 |
Section 50A(1) (a) charges | 0 | 0 |
Section 50A(1) (b) charges | 4 | 3 |
Section 96 aggravations | 4 | 6 |
The data extracted from the National Database revealed that in respect of the Dingwall office, in financial year (FY) 2005-06:
- No Section 50A(1) (a) charges were reported
- 4 Section 50A(1) (b) charges were reported
- 4 charges with Section 96 aggravations recorded against them were reported.
And in FY 2006-074:
- No Section 50A(1) (a) charges were reported
- 3 Section 50A(1) (b) charges were reported
- 6 charges with Section 96 aggravations recorded against them were reported.
In relation to the following discussion of the sampling that is carried out, please note that the number of case papers requested is not the same as number of charges drawn for sampling because a case can (and frequently does) contain more than one charge. Since the sampling is conducted at charge level, in some instances, more than one charge from a single case is selected into the sample. This meant that the number of case papers requested is lower than the number of individual charges selected.
The General Sample
Due to the small numbers involved, all Section 50A charges reported within FY 2005-06 and 2006-07 were requested (a total of 2 charges, 2 cases). Likewise, all charges with Section 96 aggravations recorded against them were requested; a total of 7 charges (5 cases) were requested for inspection. Resulting from the general sample, therefore, a total of 6 cases (9 charges) were requested.
In respect of the 2 Section 50A charges (2 cases), we found that:-
- In one case the charge was appropriately marked for no proceedings on the basis of there being mitigating circumstances
- In the second case we found the case to have been marked and dealt with at court in accordance with policy.
In respect of the 7 charges (5 cases) with Section 96 aggravations attached, we found that: -
- In one case (one charge) the charge was not taken up, as there had been double charging by the Police.
- In a second case (one charge) the case was marked for no proceedings correctly.
- In a third case (2 charges on two separate dates) the case was marked in accordance with policy but during court proceedings a plea to only one charge was accepted. This decision was made on a pragmatic basis as the complainer had left the country.
- In a fourth case (2 charges) the case was marked in accordance with policy. At court, however, a partial plea (to the more serious charge) was accepted which was a technical breach of policy but in the circumstances probably both sensible and pragmatic as the complainer was due to leave the country (an early trial had been arranged).
- In the fifth case we found that one charge was wrongly recorded as a racial one by the Police.
The Risk Assessed Sample
A total of 7 charges (5 cases) were automatically requested for inspection. These consisted of:
In respect of the 2 Section 50A charges recorded as being marked for proceedings to be taken in the District Court, we found that:
- These cases were not available for inspection due to their age. The Office only keeps cases for the current year and the previous two due to storage issues.
In respect of the Section 50A charge recorded as being marked to receive a warning letter, we found that:
- The warning letter issued was found to be appropriate but there was no sign that it had been sent to the Area Fiscal for confirmation.
- In respect of 3 Section 50A charges (2 cases) recorded as being marked for 'no proceedings', we found that:
- In one case (2 charges) the charges were taken up correctly without the racial aggravation, as there was no evidence to support it.
- In the second case (1 charge) the charge was correctly not proceeded with as there was insufficient evidence to support the charge and the evidence was adequately and properly covered in another charge.
In respect of the charge with a Section 96 aggravation recorded against it recorded as being marked for 'no proceedings', we found that:
- This charge had been correctly taken up and was not in fact subject to no proceedings.
Monitoring of Race Crime
The District Fiscal at Inverness monitors race crime cases for the whole Area. He receives information from the police on all race cases and interrogates the computerised system to check what happened to them. This ensures that all relevant cases are checked and monitored.
The newly appointed District Fiscal [5] at Dingwall will also review race crime cases marked by the Depute to ensure that Crown Office policy is complied with.
The Area Business Manager at Inverness is responsible for collating and forwarding race crime figures to the Area Fiscals Group. The Office Manager at Dingwall advised that she provides information twice a year for this purpose.
Interpreters
The Office Manager makes requests for interpreters to attend court based on instructions written on case papers. Three interpreters were ordered over the past twelve months but were cancelled before the court date due to indications of guilty pleas. No documents required to be translated during the same period.
We were advised that the office did not use the 'Interpreters Monitoring Form'. Sections 3.2.2 and 7.6 of the ' Crown Office Interpreting and Translation Handbook - Guidance on Policy and Best Practice' clearly states that:
- 'The interpreter's fee should not be paid until the monitoring form has been received back from the interpreter'.
Deaths
There were two deaths reported to the Dingwall office within the past twelve months where racial and cultural considerations were a feature.
The review of one file showed that there was communication with an International Funeral Director but there didn't appear to be any direct communication with the nearest relative although the Funeral Director had offered to pass on information. A report was received from the Health and Safety Executive in September 2006 but there appeared to be no further progress from that point on the papers we examined.
A review of the other death, which occurred in September 2006 as the result of a road traffic collision did not reveal contact with the nearest relative but there had been contact with a foreign undertaker. No further progress appeared to have been made on the papers we examined.
Both sets of papers were given to the newly appointed District Fiscal who advised that she has set aside time to look at death cases.
Complaints Against The Police
The Procurator Fiscal deals with complaints against Police Officers of a criminal nature and we seek to monitor those with a minority ethnic dimension.
In the relevant period we were advised that there were no such complaints.
Employment
Latest data [6] shows that over 99 per cent of the population in the Dingwall Sheriff Court District area is from a white background. Other ethnic groups, of which 'any mixed background' is the largest at 0.2 per cent, account for just less than one per cent.
As at 1 January 2006, Dingwall had a staff of 4, consisting of:
Legal staff
- 1 x Procurator Fiscal
- 1 x Procurator Fiscal Depute
Administrative staff
- 1 x Office Manager
- 1 x Band B staff (part-time)
There are no members of staff who are from a minority ethnic background (as self-reported to Human Resources Division in COPFS via survey) in the Dingwall office.
Given the low representation of minority ethnic persons living in the area we concluded that it is not untoward that no members of staff are from a minority ethnic background.
The Area office is responsible for recruitment.
Diversity Awareness
As at 27 March 2007, all staff in the Dingwall office had attended the Departmental Diversity Awareness Programme.
Disability and Gender
The Disability Discrimination Act 2005, which came into force in December 2006, requires the public sector to promote equality for disabled people.
The Dingwall office has recently been refurbished. The current position of desks in the general office would prevent access into the office by wheelchair users; however, this could be overcome by moving the desks. There is a hearing loop at the public counter, which helps the hard of hearing to communicate.
The Gender Equality Act 2006 comes into force in April 2007 and will require public authorities to demonstrate that they treat men and women fairly.
We were advised that all policies and new initiatives regarding gender will be dealt with by the Area.
Consultation
The Office Manager is a member of the Area Diversity Group and she passes on information to other staff members relating to issues concerning race and diversity.
There are no specific local ethnic minority groups in the area.
Conclusions
Overall compliance with Crown Office policy on the investigation and prosecution of race crime was, subject to the comments already made, reasonable.
The investigation of the 2 deaths referred to did raise some concern because of the apparent failure to progress the inquiry into each death.
All staff had attended the Departmental Diversity Programme.
[1] At time of extraction data was only available for the first five months of FY 2006/07 ie April to August 2006
[2] The Book of Regulations provides guidance and instruction to members of the Crown Office and Procurator Fiscal Service on the way Procurators Fiscal should carry out their duties
[3] The remit of the Area Fiscals Group is:
- To meet regularly with the Management Board in order to discuss operational policy and business issues in the COPFS;
- To provide Area Fiscals and Crown Office Heads with opportunities to consider and advice on wider Departmental management matters, where possible, before Management Board takes the decision;
- To ensure that members accept a shared and collegiate achievement of its business goals and strategic priorities; and
- To maintain ownership of and to keep the risk register under review.
[4] At time of extraction data was only available for the first five months of FY 2006-07 ie April to August 2006
[5] Due to officially start in April 2007 but was present at the office on the day of the review
[6] General Register Office for Scotland 2001 Census of Population