OFFICE INSPECTION - WICK
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 Wick. The Wick 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 Wick Fiscal Office, 2005-06 and 2006-07[4]
| 2005-06 | 2006-07 |
Section 50A(1) (a) charges | 3 | 0 |
Section 50A(1) (b) charges | 4 | 0 |
Section 96 aggravations | 2 | 0 |
The data extracted from the National Database revealed that in respect of the Wick office, in financial year (FY) 2005-06:
- 3 Section 50A(1) (a) charges were reported
- 4 Section 50A(1) (b) charges were reported
- 2 charges with Section 96 aggravations recorded against them were reported
And in FY 2006-07:
- No Section 50A(1) (a) charges were reported
- No Section 50A(1) (b) charges were reported
- No 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 very small numbers involved, all Section 50A charges reported within FY 2005-06 were requested (a total of 6 charges, 3 cases). Likewise, all charges with Section 96 aggravations recorded against them, a total of 2 charges (2 cases) were requested for inspection. Resulting from the general sample, therefore, a total of 5 cases (8 charges) were requested.
In respect of the 6 Section 50A charges (3 cases), we found that: -
- In one case (2 charges) the Fiscal complied with policy at all stages
- In another case (3 charges - 3 accused on one charge) the Fiscal complied with policy at the marking stage
- In a third case (one charge) the Fiscal correctly marked the case for no proceedings.
In respect of the 2 charges (2 cases) with Section 96 aggravations attached, we found that: -
In one case (one charge) the Fiscal complied with policy at marking stage but breached policy at court by deleting the racial element when there appeared to be sufficient evidence. It has to be said, however, that the complainer/victim refused to co-operate.
In the other case a no proceedings decision was correctly taken.
The Risk Assessed Sample
A total of one charge was automatically requested for inspection. This consisted of:
In respect of the Section 50A charge recorded as being marked for 'no proceedings', we found that:
Monitoring of Race Crime
The Depute at Wick is responsible for marking all cases. The District Fiscal, based in Tain, provides advice and guidance to the Depute on both a general and case specific basis. 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 Wick's compliance with Crown Office race crime policy.
Interpreters
None of the cases that were inspected required interpreting services.
No documents required to be translated.
One case was brought to our attention which had received some publicity. In it the charge against the accused was deserted by the Sheriff following concerns of the quality of interpreting provided for a Crown witness. The Office (and Area Office) had been pursuing this with the agency involved.
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. No documents have been translated.
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 the Wick office 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 Wick 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, Wick had a staff of consisting of:
Legal staff
- 1 x Procurator Fiscal Depute
Administrative staff
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 Wick 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.
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 Wick office is located on the first floor of the Sheriff Court building. Disabled persons can easily access the ground floor. However, there is no such access to the fiscal's office on the first floor. When there is a need to speak to a disabled person arrangements are made for this to take place in the courts on the ground floor. 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.
Diversity Awareness
As at 27 March 2007, one member of staff in the Wick office had attended the Departmental Diversity Awareness Programme. Arrangements are being made for the other staff member to attend the next available course.
Consultation
Given the geographical location of the Wick office and the very small number of staff, none are members of the Area Diversity Team.
Staff are kept aware of race and diversity issues by referring to the Area magazine 'H and I Lights'.
Conclusions
Overall, although numbers were small, compliance with Crown Office policy on the investigation and prosecution of race crime was good. We mention the one exception where there was the mitigating factor of an un-cooperative victim.
We would recommend use of the Interpreters' Monitoring Form.
[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