OFFICE INSPECTION - TAIN

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 Tain. The Tain 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 contained 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, as defined in Annex 3 in Chapter 12 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 Group [3].

Table 1 - Racial Charges and Racial Aggravations reported to Tain Fiscal Office, 2005-06 and 2006-07[4]

The data extracted from the National Database revealed that in respect of the Tain office, in financial year (FY) 2005-06:

• No Section 50A(1) (a) charges were reported
• 6 Section 50A(1) (b) charges were reported
• 5 charges with Section 96 aggravations recorded against them were reported

And in FY 2006-074:

• No Section 50A(1) (a) charges were reported
• No 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 the previous 12-month period were requested (a total of 3 charges, one case). Likewise, all charges with Section 96 aggravations recorded against them within the previous 12-month period; a total of 9 charges (4 cases) were requested for inspection. Resulting from the general sample, therefore, a total of 5 cases (12 charges) were requested.

In respect of the 3 Section 50A charges (one case), we found that

• This had been wrongly recorded as being a race case.

In respect of the 9 charges (4 cases) with Section 96 aggravations attached, we found that

• In one case (4 charges) two of the charges were not racial in nature and in respect of the other two charges the Fiscal had complied with policy throughout
• In a second case (one charge) the Fiscal had complied with policy throughout and had correctly changed the Police charge
• A third case (one charge) was not produced but we looked at a substitute case with a Section 50 A charge, it was correctly not proceeded with on the basis that there was insufficient admissible evidence
• In the fourth case examined (3 charges) - one charge was not a race charge and for the remaining two charges the Fiscal correctly applied and followed policy at all stages.

The Risk Assessed Sample

A total of two charges (2 cases) were automatically requested for inspection. These consisted of:

• Two charges with Section 96 aggravations attached, recorded as being marked for 'no proceedings', one reported in FY 2006-07 and one reported in FY 2005-06

In respect of the 2 charges with Section 96 aggravations attached, recorded as being marked for 'no proceedings', we found that:

• In one case the Fiscal correctly marked the charge for no proceedings as the evidence was more than adequately covered in the charge which was taken up as a contravention of Section 50 A (1)(b)
• In the second case the Fiscal correctly marked the charge for no proceedings as there was insufficient evidence.

Monitoring of Race Crime

The District Fiscal is responsible for marking all cases in the Tain office and follows the appropriate case marking guidelines in this respect. We were advised that completion of the racial incident monitoring form is patchy in that the forms are not submitted electronically and the police do not always hand them in. We have been assured that this issue will be brought up at the next Fiscal/Police liaison meeting.

With regard to monitoring, the Area Fiscal receives information from the police on all race cases and interrogates the computerised system to check what happened to the cases. This ensures that all relevant cases are checked and monitored.

The Area Business Manager at Inverness is responsible for collating and forwarding race crime figures to the Area Fiscals Group. The District Fiscal advised that he does not receive feedback on his office's compliance with race crime policy.

Interpreters

The Office Manager is responsible for ordering interpreters based on instructions written on the case papers. Over the past twelve months two interpreters have been ordered and four documents have been translated.

Attempts were made to meet interpretation and/or translation needs in one of the cases (2 charges) reviewed.

We were advised that interpreters do not complete and return 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 no deaths reported in Tain within the past twelve months where racial and cultural considerations were a feature.

Complaints Against The Police

The Area 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 [5] shows that over 99 per cent of the population in the Tain 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, Tain had a staff of 4, consisting of:

Legal staff

• 1 x Procurator Fiscal [6]

Administrative staff

• 1 x Office Manager
• 2 x Band B staff (one 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 Tain 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 Tain 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.

There are plans in place to alter the office structure in order that it is compliant with the legislation. Estates at Crown Office are dealing with these plans. 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

Given the geographical location of the Tain office and the very small number of staff, none are members of the Area Diversity Team.

The staff are kept aware of issues by referring to the Area magazine 'H and I Lights'.

Conclusions

Although overall numbers were small compliance with Crown Office policy and procedures on the investigation and prosecution of race crime was high. Interpreting needs had been met where needed. We do, however, recommend use of the Interpreters' Monitoring Form.

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 be 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] General Register Office for Scotland 2001 Census of Population

[6] The District Fiscal is also responsible for Wick (attending there 2/3 days per month) and Portree