OFFICE INSPECTION - LINLITHGOW
24/25 JULY 2006
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 Linlithgow. The Linlithgow office is part of Lothian and Borders Area.
Methodology
Our approach to office inspections involves 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 inrform 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 2004-05 and 2005-06 [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' December 2005).
The General Sample
We are concerned with the statutory race charges, as created by the Crime and Disorder Act 1988. A sample of Section 50A racial charges and charges with Section 96 racial aggravations recorded against them is 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 are 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 Cases Request
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 all such charges over a longer time period than that for the general sample (a minimum of 21 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 (e.g. 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 Legal and Policy Forum [3].
Table 1 - Racial Charges and Racial Aggravations reported to Linlithgow Fiscal Office in financial year (FY) 2004/05 and 2005/06 [1]
| 2004/05 | 2005/6 [1] |
Section 50A(1) (a) charges | 0 | 0 |
Section 50A(1) (b) charges | 46 | 41 |
Section 96 aggravations | 19 | 17 |
The data extracted from the National Database revealed that in respect of the Linlithgow office, in FY year 2004/05:
No Section 50A(1) (a) charges were reported
46 Section 50A(1) (b) charge was reported
19 charges with Section 96 aggravations recorded against them were reported
And in 2005/06 [1]:
No Section 50A(1) (a) charges were reported
41 Section 50A(1) (b) charges were reported
17 charges with a Section 96 aggravation recorded against it was 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
A sample of 30 Section 50A charges (27 cases) and 14 charges (13 cases) with Section 96 aggravations recorded against them were drawn. Resulting from the general sample, therefore, a total of 39 case papers (44 charges) were subsequently requested for inspection. Two of these 44 cases contained both Section 50A charges and charges with Section 96 aggravations recorded against them.
The office was unable to find one case (containing one Section 50A charge). In respect of the remaining 29 Section 50A charges (26 cases), we found that 3 charges (one case) had, in due course, actually been marked for 'no proceedings'. We found this to be the correct decision in respect of all charges - there was insufficient evidence in respect of one charge and referrals to the Children's Reporter were appropriate in respect of the other two charges. In respect of the other 26 charges (25 cases) Crown Office policy, in respect of marking and conduct during court proceedings, had been complied with. Amongst these, we found instances of cases appropriately marked for no further proceedings where:
There was a problem with a warrant for the arrest of the accused
At the point of review after the warrant had been outstanding for nearly 8 months
The witnesses had removed from the country
A report was received to the effect that the accused was unable to understand arrest procedure never mind court procedure
In respect of the 14 charges (13 cases) with Section 96 aggravations recorded against them we found again that 3 of these (3 cases) had, in due course, actually been marked for 'no proceedings'. This was the correct decision to take in respect of two out of the three charges - in the other a warning letter may have been more appropriate. In respect of marking and conduct during court proceedings, we found policy had been complied with in all other instances. Additionally we found:
One case was appropriately 'deserted pro loco et tempore' after the civilian witnesses failed to appear at court for the second time
An initial plea of guilty was refused in conformity to policy as it would exclude the racist element of the case. Unfortunately the case was then 'deserted simpliciter' by the court after the civilian witnesses failed to appear for the second time
In another case the witnesses repeatedly failed to appear and the case was 'deserted simpliciter'
The Risk-Assessed Cases request
A total of 5 charges (4 cases) were selected for inspection. These consisted of:
In respect of these charges, we found that:
Monitoring of Race Crime
The District Fiscal is responsible for monitoring race crime in his office and the Area Fiscal monitors all cases for the Lothian and Borders Area.
In the Linlithgow office, legal members of staff marking race crime cases complete form A of the 'Racial Incident Monitoring Form' and pass the form with a copy case to the District Fiscal for checking. The District Fiscal completes the second part of form A and forwards it along with the copy case to the Area Fiscal for monitoring. Similarly, at the conclusion of court proceedings the court depute completes form B and passes it to the District Fiscal for checking and forwarding on to the Area Fiscal.
The PA to the District Fiscal checks the computer system for all race crime cases reported to the office which allows her to ensure that forms have been completed for all appropriate cases.
However, in common with others the District Fiscal could not be sure he did in fact see all the cases.
The Area PA is responsible for gathering race crime figures for Linlithgow along with those from the other offices in the Area and forwarding them onto the Legal and Policy Forum.
The District Fiscal advised that feedback is provided on the office's compliance with Crown Office policy on race crime.
Interpreters
The Office Manager (OM) is responsible for ordering interpreters. Legal members of staff note the need for interpreters on case papers and the OM makes relevant arrangements through ALPHA Interpreting Services. During the period 1 January to 31 December 2005 eleven interpreters were ordered. There are no known problems with the use of interpreters.
Interpreters always complete Section 1 of the 'Interpreters Monitoring Form', which is returned to the office along with the invoice for services provided. We were advised that Deputes do not always complete their section of the monitoring form.
Six of the cases that were inspected required interpreting services - this requirement was met in all cases.
Deaths
There were no deaths reported in Linlithgow within the period concerned (1 January 2005 to 31 December 2005) 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 no such complaints were reported.
Employment
Latest data [4] shows that almost 99 per cent of the population in the Linlithgow Sheriff Court District area is from a white background. Other ethnic groups, of which Pakistani is the largest at 0.5 per cent, account for just over one per cent of the population in the area.
As at 1 January 2006, Linlithgow had a staff of 30, consisting of:
Legal staff
Administrative staff
Casual 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 Linlithgow office. We concluded that this was not untoward when considering the minority ethnic representation in the area and numbers of staff in the office.
Efforts are made locally when recruiting Band B staff to advertise vacancies within the minority ethnic communities through ELREC (Edinburgh and Lothian Racial Equality Council)
Diversity Awareness
As at 1 June 2005, 82 per cent of staff in the Linlithgow office had attended the Departmental Diversity Awareness Programme. All other relevant staff rescheduled for a later date.
The District Fiscal also attended a course at Glasgow which had diversity as a topic.
Consultation
The Linlithgow office is represented on the Area Diversity Team. In addition to this the District Fiscal attends the Crown Office/ACPOS (Association of Chief Police officers Scotland) diversity meetings, ELREC meetings and community council meetings when requested.
Attending such meetings is very useful in that it allows the District Fiscal to be aware of national race/diversity issues which he can then communicate to his own staff and local groups within the area.
The office also takes part in the annual 'open doors' day at Linlithgow Sheriff Court, however, there is poor attendance from the public.
Conclusions
Compliance with Crown Office policy on the prosecution of race cases is high.
Staff have either been on the Crown Office Diversity programme or were scheduled to attend.
Consultation measures were in place and the District Fiscal was personally committed to outreach initiatives.
[1] At time of extraction data was only available for the first nine months of FY 2005/06 ie April to December 2005
[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 Legal and Policy Forum is: To take the lead in the development of prosecution policy and consider legal and operational issues within the Crown Office and Procurator Fiscal Service. The Forum also acts as sounding board for wider management issues and a means for all Area Fiscals to have an input into the overall management of the COPFS
[4] General Register Office for Scotland 2001 Census of Population