OFFICE INSPECTION - BANFF

29-30 JANUARY 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 Banff. The Banff office is part of the Grampian 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 Banff Fiscal Office, 2005-06 and 2006-07[1]

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

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

And in FY 2006-07 [1]:

• No Section 50A(1) (a) charges were reported
• 3 Section 50A(1) (b) charges were reported
• 3 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 8 charges, 7 cases). Likewise, all charges with Section 96 aggravations recorded against them, a total of 6 charges (5 cases) were requested for inspection. Two cases contained both Section 50A charges and charges with Section 96 aggravations recorded against them. Resulting from the general sample, therefore, a total of 10 cases (14 charges) were requested.

In all cases the office complied with Crown Office marking policy. In 2 cases the Fiscal changed the Police charges appropriately.

In all of the concluded cases Crown Office policy was complied with during court proceedings.

We found evidence of cases being dealt with in a proactive manner with a resolution actively being sought for the benefit of the complainers.

The Risk Assessed Sample

There were no charges which fell into this category.

Monitoring of Race Crime

The Area Fiscal at Aberdeen is responsible for monitoring race crime cases at the Banff office. Parts A and B of the 'Racial Incident Monitoring Forms' are completed by the Depute and forwarded on to the Area office for checking. The District Fiscal based at Peterhead also occasionally checks such cases during his office visits.

The Area Team is responsible for collating and forwarding race crime figures to the Area Fiscals Group.

Feedback is provided to the office on its compliance with Crown Office race crime policy.

Interpreters

None of the cases that were inspected required interpreting or translating services.

A Fiscal Officer makes arrangements for interpreters to attend court based on instructions detailed on case papers by the Depute and in the past twelve months there has been two requests for interpreters.

There are no known problems with the use of interpreters.

Deaths

There were no deaths reported in Banff within the last twelve months where racial and cultural considerations were a feature.

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 with the caveat that all complaints would be dealt with at Area level.

Employment

Latest data [4] shows that almost 99.6 per cent of the population in the Banff Sheriff Court District area is from a white background. Other ethnic groups, of which a mixed background is the largest at 0.1 per cent, account for the remaining 0.4 per cent.

As at 1 January 2006, Banff had a staff of 3 persons, consisting of:

Legal staff

• Procurator Fiscal Depute (Band E legal)

Administrative staff

• 2 Fiscal Officers (Band B)

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 Banff 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.

Diversity Awareness

At the time of our inspection all staff in the Banff 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 office is located on the first floor of the Sheriff Court Building. A stair lift has been installed which allows disabled persons to access the office.

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.

Consultation

No member of staff from Banff Office is a member of the Area Diversity team. The Office is not represented on any national or local groups or forums where diversity is a topic.

Conclusions

On our inspection we found full compliance with Departmental policies on the prosecution of race crime. We found that the Office sought resolution of appropriate cases in a proactive manner for the benefit of the complainers.

[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] General Register Office for Scotland 2001 Census of Population