OFFICE INSPECTION - OBAN

9/10 NOVEMBER 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 in Oban. The Oban office is part of the Argyle & Clyde Business 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 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 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 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 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 (i.e. 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 Oban Fiscal Office in financial year (FY) 2005/06 and 2006/07[1]

The data extracted from the National Database revealed that in respect of the Oban office, in FY year 2005/06:

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

And in 2006/07 [1]:

• No Section 50A (1) (a) charges were reported
• 3 Section 50A (1) (b) charges were reported

• 2 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

Due to the small numbers involved, all Section 50A charges reported within the previous 12-month period were requested (a total of 7 charges, 4 cases). Likewise, all charges with Section 96 aggravations recorded against them, a total of 5 charges (5 cases) were requested for inspection.

In respect of the 7 Section 50A charges (4 cases), we found that marking policy was complied with in all instances. Similarly, we found compliance re conduct during court proceedings in respect of all charges.

In respect of the 5 charges (5 cases) with Section 96 aggravations recorded against them, we found that marking policy was complied with in all but one case where arguably the charge could have been a contravention of Section 50 A (1) (b) rather than a breach of the peace with a Section 96 aggravation.

We found compliance re conduct during court proceedings in all cases.

We also found examples of good practice:

• A special condition being added to the bail of the accused preventing him from approaching the locus or complainer
• The refusal of an inappropriate plea

The Risk-Assessed Sample

There were no charges which fell into this category.

Monitoring of Race Crime

The Procurator Fiscal at Oban is the only member of legal staff in the office. He marks the cases and sends copies to the Area Office with the monitoring forms. Feedback is received in respect of compliance at the Area Management Meetings.

Interpreters

There is little need for interpreting and translation services in Oban. In the past year interpreters have been requested less than 10 times. No documents have been translated.

One difficulty faced by the Procurator Fiscal is Oban's geographical remoteness from the major centres of population which result in interpreters arriving late for Court as they have had to travel from Glasgow to Oban by public transport.

In 6 of the 7 cases looked at there were no interpretation or translation needs to be met by the Fiscal. In the remaining case it was not known if there were any such needs and no racial incident monitoring form had been submitted by the Police.

Deaths

There were no deaths within the previous 12 months where racial or cultural considerations were a feature.

Complaints Against the Police

There have been no complaints made against the Police by members of the minority ethnic community.

Employment

Latest data [4] shows that over 99 per cent of the population in the Oban Sheriff Court District area is from a white background. Other ethnic groups, of which 'any mixed background' is the largest at 0.5 per cent, account for just less than one per cent.

As at 1st October 2006, Oban had a staff of 2, consisting of:

Legal staff

• One Procurator Fiscal

Ad ministrative staff

• Two Band B 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 Oban office.

Given the small number of staff and low representation of minority ethnic persons living in the area, we concluded that it is not untoward that no members of staff in the office are from a minority ethnic background.

Consultation

Despite the fact that the Procurator Fiscal only stays in Oban during the week as his home is elsewhere, he still plans outreach work by way of giving a talk to one of the local schools in January 2007.

There is a migrant workers group in Oban.

Conclusion

Overall there was a high rate of compliance with Crown Office race policies.

[1] At time of extraction data was only available for the first five months of FY 2006/07 i.e. 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 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