The Scottish Government

OFFICE INSPECTION - STRANRAER

8 & 9 AUGUST 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 Stranraer. The Stranraer office is part of the Dumfries and Galloway 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

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 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 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 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 (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 Legal and Policy Forum [3].

Table 1 - Racial Charges and Racial Aggravations reported to Stranraer Fiscal Office, 2004-05 and 2005-06[1]

The data extracted from the National Database revealed that in respect of the Stranraer office, in financial year (FY) 2004-05:

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

And in FY 2005-06 [1]:

• 0 Section 50A(1) (a) charges were reported
• 9 Section 50A(1) (b) charges were reported
• 5 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

In respect of the general sample of 11 Section 50A charges (10 case papers) we found that crown office policy in respect of case marking, and conduct throughout court proceedings had been complied with in all cases. There were particular examples of good practice. In one case the police had charged the accused with breach of the peace only but the remarks section of the report detailed that the accused had been racially abusive to a Police casualty surgeon. The marking depute made further enquiries and a section 50A (1) (b) charge was added to which the accused plead guilty and was sentenced to 4 months imprisonment.

In respect of the 3 charges with section 96 aggravations (3 case papers) we found the Crown Office Policy had been complied with both in regard to marking and conduct of court proceedings.

The risk-assessed sample

A total of 2 charges (2 case papers) were automatically requested for inspection. These consisted of;

• 1 section 50 A (1) (b) charged marked as a merged charge.
• 1 charge with a section 96 aggravation marked for warning letter.

In respect of the section 50 A(1) (b) charge we found that the circumstances did not appear to contain a race element. The accused had been shouting "black bastards" at police officers, none of whom were from an ethnic minority background. (This is a common term of abuse against police officers). The marking depute therefore appropriately proceeded with a common law breach of the peace charge.

In regard to the charge with section 96 aggravation which was marked for warning letter, it was found that the decision was warranted in the minor circumstances of the case, was post policy change and had the approval of the Area Procurator Fiscal.

Monitoring of race crime

Stranraer is a small office with two legal members of staff - the District Fiscal and a fiscal depute. Both are responsible for marking cases. When the depute marks a race crime case, form A of the 'Racial Incident Monitoring Form' is completed and passed to the District Fiscal for checking. This is then passed on to the Area Fiscal for monitoring purposes. If the District Fiscal marks a case the Area Fiscal will check it.

The District Fiscal receives feedback from the Area on his office's compliance with Crown Office policy on race crime. In addition the Area PA checks the computer system to ensure that form A's are completed in all race crime cases and if this is not the case then the office is contacted.

The Area PA is responsible for collating and forwarding race crime figures to the Legal and Policy Forum.

Interpreters

Legal members of staff note requirements for interpreters on case papers and the Office Manager (OM) will make the necessary arrangements for interpreters to attend court.

During the period 1 January to 31 December 2005, interpretation requirements were noted on three occasions however none of the cases proceeded to trial date therefore there was no need for an interpreter to attend. The need for an interpreter was clearly highlighted in two of the cases that were inspected.

Deaths

There were no deaths reported in Stranraer 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.

One such complaint arising in the Stranraer district was considered by the Area Fiscal (who has the responsibility for investigating such complaints). It was withdrawn by the complainer apparently following legal advice but was considered anyway and a decision to take no proceedings was made. Normal procedures were followed in investigating the complaint and full statements obtained.

Employment

Latest data [4] shows that almost 99.6 per cent of the population in the Stranraer Sheriff Court District area is from a white background. Other ethnic groups, of which Chinese is the largest at 0.09 per cent, account for the remaining 0.4 per cent.

As at 1st January 2006, Stranraer had a staff of 6, consisting of:

Legal staff

• 1 Procurator Fiscal (Band F)
• 1 Procurator Fiscal Depute (Band E)

Administrative staff

• 1 Band C staff
• 2 Band B staff

Casual staff

• 1 Band B staff

No members of staff are from a minority ethnic background (as self-reported to Human Resources Division in COPFS via survey) in the Stranraer 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.

Vacancies for Band B are advertised in local papers of which there are none specifically relating to ethnic communities.

Diversity Awareness

As at 1 June 2005, all staff in the Stranraer office had attended the Departmental Diversity Awareness Programme.

Consultation

Both the District Fiscal and the OM are members on the Area Diversity Team. This allows them and their staff to be kept aware of current issues regarding race/diversity.

There are no specific local ethnic minority groups in the area with whom the PF can meet. However, he has attended a local career fair, which was aimed at school leavers.

Conclusions

Compliance with Crown Office Policy on the prosecution of race crime was very high, several examples of good practice being found.

On the outreach front both the District Fiscal and the Office Manager are members of the Area Diversity Team and aware of the wider issues despite the low number of local residents from the minority ethnic community.

[1] At time of extraction data was only available for the first nine months of FY 2005-06 i.e. 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