OFFICE INSPECTION - ABERDEEN

25 & 26 OCTOBER 2005

Background

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 Aberdeen. The Aberdeen office is part of the Grampian Area.

Methodology

Our approach to the office inspections 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.

The following measures were taken to inform the inspection process.

Sampling of Race Charges

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 was 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 2003-04 and 2004-05. 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 was a 'snapshot' as at June 2005.

A sample of Section 50 racial charges and charges with Section 96 racial aggravations recorded against them was drawn from the data for 2004-05 and the related case papers were requested from the office and examined by the team. The charges in the sample drawn were charges that appeared, 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).

Additionally all case papers containing any charges which appeared, as recorded on the database, to have been dealt with in contravention to the guidelines, were specifically requested for examination. Since these charges were of particular interest to us, we requested the relevant case papers in relation any such charges from both 2003-04 and 2004-05.

The contraventions of policy that can be identified from examination of the data extract from the database are charges in respect of which a fiscal fine had been issued, or a warning letter. (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 were also automatically requested which contained any charges that were recorded on the database as being unmarked, or any charges where no proceedings had been taken due to a delay by any agency.

Similarly, charges reported to the Fiscal Office in 2004-05 that were recorded as being marked for no proceedings were specifically requested for examination, because the way in which the coding system employed by the National Database operates does not allow for recording of reason for a marking of 'no proceedings' at charge level.

Case papers were also requested to be made available on the day of inspection, regarding any deaths which were reported and investigated over a 12 month period where:

• special consideration was required, as defined in Annexe 3 in Chapter 12 of the Book of Regulations (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) was sent to the office in advance of the inspection and returns were analysed to allow exploration of any issues raised in the returns, on the day of the inspection.

The composition of staff in post (numbers, grades and ethnicity) in the office was considered prior to the inspection visit. Similarly considered was the proportion of staff that had 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 racist 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 Legal and Policy Forum.

Table 1 - Racial Charges and Racial Aggravations reported to Aberdeen Fiscal Office, 2003-04 and 2004-05

The data extracted from the National Database revealed that in respect of the Aberdeen Office, in financial year (FY) 2003-04:

• 5 Section 50A(1) (a) charges were reported
• 94 Section 50A(1) (b) charges were reported
• 18 charges with Section 96 aggravations recorded against them were reported

And in FY 2004-05:

• 5 Section 50A(1) (a) charges were reported
• 112 Section 50A(1) (b) charges were reported
• 30 charges with Section 96 aggravations recorded against them were reported

A total of 22 charges (12 case papers) were automatically requested for inspection. These consisted of:

• 2 charges marked to receive a warning letter, reported in FY 2004-05
• 16 charges recorded as being marked for 'no proceedings', reported in FY 2004-05
• 3 charges which were marked to be 'merged'
• 1 charge with a Section 96 aggravation recorded against it, recorded as being marked for 'no proceedings', reported in FY 2004-05

A sample of 35 Section 50A charges and 12 charges with Section 96 aggravations recorded against them and 4 charges later deserted pro loco was drawn, in addition to the 22 charges which were automatically selected. Resulting from the sampling exercise therefore, a total of 46 case papers (73 charges) were subsequently requested for inspection.

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 was conducted at charge level, in some instances, more than one charge from a single case was selected into the sample. This meant that the number of case papers requested was lower than the number of individual charges selected.

In respect of the 22 charges (12 case papers) that were automatically selected (as detailed above) we found that:

Of the two charges which were marked for a warning letter:

• The Area Procurator Fiscal had approved the use of the warning letter and the review found the marking to be appropriate given the circumstances of the case.

Of the sixteen charges recorded as being marked for 'no proceedings':

• Four charges did not have corroboration to the charge and were found to be appropriately marked;
• One charge was found not to be a race case;
• Case papers could not be found for one charge;
• After a review of the remaining case papers it was found that ten charges were not marked for 'no proceedings'. They had been detailed as such on the database because of the way the system records certain categories [1].

Of the three charges marked to be 'merged':

• One charge was appropriately merged with another relevant charge;
• One charge had been changed from a Section 50A to a common law Breach of the Peace based on findings of another case;
• On the final charge a plea of 'Not Guilty' was accepted given that the witness had returned to India.

Of the charge with a Section 96 aggravation recorded against it, marked for 'no proceedings':

• The Procurator Fiscal changed this charge from a S50A race charge to a Section 96 aggravation, which was appropriately deleted following precognition on Crown Council's instructions.

In respect of the remaining 51 charges, we found one had been correctly referred to the Children's Reporter, four were found not to be race cases, papers could not be found in respect of seven charges, and in another the accused had not been charged with a race offence on the police report. In respect of the remaining 38 charges it was found that the office complied with Departmental policy on marking and conduct of court proceedings.

With the exception of five cases where no specific marking could be found on case papers all other appropriate cases had been referred to Victim Information and Advice Division (VIA) [2]. The Future Office System used by the Crown Office and Procurator Fiscal Service has a mandatory field for which an option in reference to VIA has to be selected, therefore the risk of cases not being referred to VIA should be minimal.

Monitoring of race crime

The depute fiscals complete Forms A and B which are then sent to a member of the Area Team for collation and quarterly reporting to the Legal and Policy Forum (and also to Grampian Police)

Interpreters

Only two cases reviewed required the need for translation services, one of which was discovered at precognition stage [3]. In both cases the translation needs were met appropriately.

Deaths

Five death cases were reported to the Aberdeen office in the period under review where special consideration had been required as defined in Annexe 3 of Chapter 12 of the Book of Regulations (Racial and Cultural Awareness) where the ethnicity of the deceased was in some way related to the cause of death.

All five case papers were examined.

In one case the family who were Muslim did not wish a post mortem to take place.

Having considered the position the Procurator Fiscal decided that a post mortem was not necessary in this particular case and the family's wishes were taken into account in meeting that decision.

In another case an Asian gentleman died as a result of a road traffic accident which was investigated and reported to Crown Office, Crown Counsel instructing 'no proceedings'. VIA were advised of the death and the family were contacted (in India) by the Police.

In a third road traffic death Crown Counsel following a report by the Procurator Fiscal instructed 'no proceedings'.

The next of kin the father in that particular case has ongoing correspondence with the office regarding the circumstances surrounding his daughter's death and these are being dealt with as they arise.

In a fourth road traffic death the body was returned back to the country of origin. The Procurator Fiscal facilitated the return.

Finally a death was reported involving a young Asian origin lady. This involved allegations of medical mishap etc and the Fatal Accident Inquiry was underway at the time of inspection. An interpreter was required for the father at the Fatal Accident Inquiry and had been arranged.

In all of these cases therefore it would appear that the families' wishes were taken into account so far as consistent with the obligations of the Procurator Fiscal.

Employment

Latest data [4] shows that almost 98 per cent of the population in the Aberdeen Sheriff Court District area is from a white background. Other ethnic groups, of which Chinese is the largest at 0.4 per cent, compose just over 2 per cent.

As at 1 October 2005, Aberdeen had a staff of 67 [5], consisting of:

Legal staff

• 2 members of the Senior Civil Servants
• 1 Senior Principal Depute
• 5 Principal Deputes
• 15 Procurator Fiscal Deputes
• 2 Trainee Solicitors

Administrative staff

• 7 Precognition Officers
• 2 Band E staff
• 4 Band D staff
• 3 Band C staff
• 2 Personal Assistants
• 20 Band B staff

Casual staff

• 3 Band B staff
• 1 Band A staff

The level of ethnic minority representation in the area is one of the highest in the country. However, 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 Aberdeen office.

As at 1 June 2005, 81 per cent of staff in the Aberdeen office had attended the Departmental Diversity Awareness Programme. Four have re-scheduled, two have not been available to attend for acceptable reasons thus leaving eight still to arrange attendance.

Consultation

The Grampian Racial Equality Council (GREC) is the main consultation contact point. There are a small number of ethnic groups in the Aberdeen area including a Chinese community. A member of the Aberdeen staff attends the meetings of GREC.

So far attempts at " Open Days " have not been very successful with attendance poor.

On taking up appointment the new Area Fiscal gave an interview to the local paper in which the main theme was engagement with the community taking account of the needs and interests of the diverse community.

The Area Diversity Team includes membership from the local ethnic minority population. These are ongoing initiatives.

Conclusions

The Aberdeen office has a high level of compliance with Departmental policy relating to case marking and court proceedings regarding race crime. The use of warning letters and no proceedings markings were all found to be appropriate given the circumstances of each case. It should be noted that a number of charges on the system which were showing a 'no proceedings' marking were actually found not to be marked as such (details are given above).

With the exception of one case all others that should have been referred to VIA were done so in accordance with Departmental guidelines thus allowing victims and witnesses to obtain additional support and information.

Particular care has been shown in those deaths requiring sensitive handling for religious or cultural reasons and the office deserves special praise for this.

On outreach and consultation the Aberdeen office has the benefit of a local Racial Equality Council on which it is represented and a Diversity Team to take forward diversity issues.

[1] In one case four charges were rolled together; in another two charges were rolled up; in another case the charge was 'found not proven' after court proceedings; in another two a plea of 'not guilty' was accepted and in the final two charges the accused persons were found not to be on the particular charge referred to on the system.

[2] A check with VIA found that 4 from the 5 with no VIA marking on them had indeed been referred.

[3] Information received from the police indicated that the witness spoke English but it was discovered during the precognition interview that the witness's command of English was not very good and therefore an interpreter was required.

[4] General Register Office for Scotland 2001 Census of Population

[5] This includes five Victim Information and Advice staff