A Safer Scotland: Tackling Crime and its Causes

Section 4: Streamlining the system

The Government recognise the need to streamline the criminal justice system to improve crime detection and conviction rates. A high risk of conviction, rather than any particular penalty, is the most effective deterrent to crime. We have taken that commitment forward by addressing the way in which the various organisations and agencies involved in the system work together to ensure an effective, efficient and co-ordinated approach. Meanwhile, the effectiveness of the judiciary is enhanced by quality training and we are working to ensure this is given proper priority. Another key objective was to maximise police use of technology and this section also considers progress in this area.

Partnership

1. The Government are committed to an inclusive approach to criminal justice. This relies on successful collaboration between Government, the professionals upon whom the system relies and the communities and individuals who make up Scotland today. Partnership at all stages of the process - from the protection of the public from those who commit crime; to prevention by tackling circumstances that encourage crime in the first place; to support for victims of crime and for offenders who are prepared to change - is the key to the Government's approach.

2. This means bringing together representatives of those who work in the front line of the criminal justice system, so that their views and experience are shared. It also means ensuring that the detailed information which the various agencies have _ for example, on dangerous offenders - is shared when it needs to be.

Criminal Justice Forum

3. The Criminal Justice Forum was set up in 1996 and meets twice yearly under Ministerial Chairmanship. It has proved to be a useful vehicle for bringing together the key players in the Scottish criminal justice system to identify and discuss common problems and practical solutions on an inter-agency basis. The forum draws from the judiciary, the police, Victim Support, the Law Society, the Faculty of Advocates, the prison and court services as well as The Scottish Office and the Crown Office.

The Criminal Justice Forum's remit is: to bring together all those involved in the delivery of criminal justice in Scotland; to provide an opportunity for discussion and debate of issues of common interest and to improve mutual understanding; to improve the overall effectiveness and efficiency of the Scottish criminal justice system; and to advise the Secretary of State on changes to law, procedure and practice in support of these objectives.

4. Under the present Government, the work of the Criminal Justice Forum has focused in particular on improving efficiency and reducing delays in the criminal justice system. An Efficiency Task Group set up under the auspices of the Forum made 33 recommendations designed, among other things, to: improve co-operation between the various criminal justice agencies; ensure that blockages in the system are identified and tackled; improve the flow of information between different parts of the system; and set targets and monitor progress against them.

5. The Government have accepted all 33 recommendations and they are being vigorously implemented. Key developments now being pursued include: rolling out a new IT system to measure the time from the date of the offence to the completion of criminal proceedings, with a view to setting performance targets; driving forward proposals to cut down the amount of police time wasted, for example by reducing court waiting time, eliminating unnecessary court appearances and introducing new arrangements for the postal citation of witnesses; commissioning new research to find ways of improving the use and enforcement of fines and other financial penalties; consulting on extending the sentencing powers of the district courts, in particular to allow them to disqualify for driving offences; and improving the electronic sharing and exchange of information between the various criminal justice agencies by linking key computer systems.

Police efficiency

6. The Government intend that the police, like other local authority services, should adopt Best Value principles to secure year-on-year improvements in the service they provide. Police authorities and chief constables have accepted the need to demonstrate their commitment to Best Value and to establish the necessary framework of performance planning and management. The police are also expected to make efficiency savings as part of the outcome of the Comprehensive Spending Review.

7. A period of information-gathering and consultation on the structure of the police service in Scotland has been announced. This aims to provide the Scottish Parliament with material to assist in deciding whether change to the existing structure of forces is needed. Any such decision must be properly informed about the costs, savings and other benefits of change. The views of the police themselves, local authorities and the wider community will be taken fully into account and the police must continue to be locally-based and accountable. It will be for the new Parliament to implement any changes.

Postal citation of witnesses

8. It is essential to make good use of the time of skilled police officers. At present, police officers (or civilian support staff employed by the police) deliver witness citations in person on behalf of the Crown. The demands on police time are substantial and postal delivery of citations from the procurator fiscal's office would allow significant efficiency gains. A successful pilot has already been carried out in Ayr and Kilmarnock and demonstrated the effectiveness of postal citation. A much more extensive pilot is now being carried out in Glasgow to check that postal citation works also in a large urban area and to test a computerised citation system. Preliminary results will be available shortly and should allow the Crown Office and police forces throughout the country to judge whether it would be more cost-effective and efficient to move to a system of postal citation.

Restructuring of Criminal Justice Social Work Services

9. Following local Government reorganisation there are 32 separate social work services of widely differing sizes ranging in budget terms from £0.1m to £5.4m out of a total budget of £35.4m in 1998-99. In its consultative paper Community Sentencing - The Tough Option the Government asked whether the present structure is still the most economic, efficient and effective arrangement for the delivery of services and suggested possible alternatives. No other part of the criminal justice system is disaggregated to such an extent as criminal justice social work and the small scale of many of the services leads to a loss of the economies of scale which might be possible with larger units. Three possible alternatives to the status quo were set out in the paper and the Government asked for views on 3 options: more joint working between local authorities and partnerships with the independent/voluntary sector; an area network of around 6 Criminal Justice Social Work Agencies, perhaps based on sheriffdoms; and a single national body with strong links both to the rest of the criminal justice process and to locally provided services.

In the light of the views received the Government are now considering which of these options might best improve the efficiency and effectiveness of delivery of criminal justice social work services across Scotland. The principal aim of whatever alternative is ultimately selected must be to shift the balance of expenditure towards providing front line services and away from supporting administration and management costs.

Partnership on Criminal Justice Social Work

10. The best way of bringing together the main players in the social work field is also under review as part of the Community Sentencing - The Tough Option consultation exercise. The Main Consultation Group (MCG) was set up to oversee the development and introduction of National Objectives and Standards and 100% funding arrangements for criminal justice social work services such as probation and community service. This original raison d'être of the Group has now been largely fulfilled. For the future, one possibility might be for the MCG to develop a national strategy for criminal justice social work and quality/effectiveness of service. The MCG also needs to be a forum to address problems which hinder effective delivery at a national and local level and to improve strategic co-ordination.

Criminal Justice Development Centre

The Scottish Office has provided funding to establish a Criminal Justice Development Centre in Scotland. This will be a national resource to promote and develop good practice and management across the full range of services provided by local authorities, voluntary agencies and others to the criminal justice system. The Centre will provide advice and consultancy services, establish and maintain a database of research information, and establish links with similar services in Europe and elsewhere, to ensure that the most up-to-date knowledge about what works in reducing offending is available in Scotland. The Scottish Office is currently considering bids for this.

Children's Hearings system

11. The Government remain committed to the basic principles of the Children's Hearings system which has served Scotland's children well and still commands widespread support. The Government are, however, determined to ensure that the system is as effective as possible and acts as early as is practical. It remains the Government's aim to address causes of criminal behaviour in young people outwith the criminal justice system.

12. The Hearings system must be properly resourced if it is to respond effectively and the Comprehensive Spending Review (CSR) allocated over £8m additional resources to the Scottish Children's Reporter Administration to enable it to improve its services to children and families. In addition, the CSR has provided an additional £36.7m to local authorities for Children's Services. It is not just a question of providing additional resources. All agencies must examine their existing practices and mechanisms to support children and families. Experience has shown that improvements in working methods and practices can lead to improved outcomes in the lives of children. There is a need for those involved with children and in the hearings system to do more to recognise risk factors and take action to prevent future offending. More focused training can play an important role, and improved multi-agency working can deliver benefits.

Time Intervals Working Group

The Government commissioned the Chairman of the SCRA in June 1997 to examine ways of speeding up the handling of cases within the children's hearings system. The Group has produced a preliminary report highlighting areas where time could be saved and recommending where standards might be introduced to streamline the processing of cases. The Group has further produced a draft Blueprint which outlines standards and targets for those agencies involved with the hearings system. This is currently the subject of consultation with agencies and others involved in the Children's Hearings system.

New Technology

13. The Government are committed to relieving unnecessary burdens on the police, partly through the use of new technology, to get officers back on the beat so they play their full part in defeating crime. A number of initiatives have been taken which develop the use of IT throughout the criminal justice system: The Integration of Scottish Criminal Justice Information Systems (ISCJIS) project is in the process of establishing electronic links between criminal justice organisations in Scotland to improve the speed, accuracy and efficiency of information sharing. Most police reports are now prepared and passed electronically to the procurator fiscal and these links will be completed shortly. At the heart of the enhanced communications network will be a new version of the Crown Office and procurator fiscal service computer system _ Standard Office System. The roll-out of the improved system will commence with a pilot in the Kirkcaldy procurator fiscal's office this spring. All procurator fiscal offices now exchange computerised data with sheriff courts. A pilot link has recently been set up between the Central Region offices of the Scottish Children's Reporters Administration (SCRA) and three police offices to pave the way for information relating to children being delivered electronically in the most efficient way. Work is also in hand to establish links between the Scottish Prison Service (SPS) and the Scottish Criminal Record Office (SCRO). The fast delivery of conviction and prisoner information will improve admission and release procedures and the exchange of risk information will allow early action to be taken when a prisoner may be at risk or pose a risk to others. The Scottish Police Information Strategy (SPIS) is being implemented and provides a blueprint for IT developments in Scottish police forces. Before the introduction of SPIS, forces developed their own systems which were often mutually incompatible and duplicated effort. SPIS will develop standard applications, which can be tailored to meet local needs, allowing for significant savings, improved efficiency and better communications. The Government are investing an extra £2.5 million in this important strategy, over the next three years.

LIVESCAN is a prime example of the benefits new technology brings to the fight against crime. LIVESCAN machines are now installed at 31 key police stations all over Scotland allowing for the instant electronic transmission of fingerprints to the Scottish Criminal Record Office (SCRO). This allows the prints to be quickly checked against existing records and unsolved scene of crime prints while the suspect is being detained. LIVESCAN is a success and the results speak for themselves. Since the Government officially launched LIVESCAN in May 1997, over 500 false names have been identified and well over 500 scene of crime marks matched to suspects, including marks from murders, firearms offences and robberies.

Legal Aid Reform

The Government are determined to ensure that the legal aid system gives the best value for money while continuing to ensure access to justice and proper representation. A range of action has been taken:

Strengthening the investigative powers of the Scottish Legal Aid Board (SLAB)

Since October 1997, SLAB have had power to: require solicitors or firms to provide information relating to the provision of criminal legal assistance; enter premises and remove related documents, subject to a warrant; suspend solicitors from providing such assistance; and withhold the payment of fees when a solicitor has been referred to the police, the Procurator Fiscal, Law Society or Scottish Solicitors' Discipline Tribunal for investigation.

These powers have strengthened SLAB's investigative mechanisms and will ensure it can properly monitor compliance with the Code of Practice.

Code of Practice for solicitors undertaking criminal legal assistance

The Code of Practice applies to both individual solicitors and firms, as well as to solicitors employed in the Public Defence Solicitor Office. The purpose of the Code is to ensure that people receiving criminal legal assistance will be assured of a consistent quality of service from their solicitor and that the criminal legal aid system provides value for money for the taxpayer. The Code covers three main areas of work: standards of professional conduct; quality of service; and systems of management and administration.

Firms and solicitors must show that they reach the standards of service required by the Code in each of these three areas. SLAB is required to monitor continued compliance with the Code.

Registration of solicitors undertaking criminal legal assistance

Since 1 October 1998, all solicitors undertaking criminal legal assistance work have to be registered on the Criminal Legal Assistance Register maintained by SLAB. To gain entry to the Register, solicitors and firms must demonstrate that they comply with SLAB's Code of Practice.

Creation of Public Defence Solicitor Office (PDSO)

The PDSO, which opened for business on 1 October 1998, is an important part of the Government's drive towards delivering legal aid more efficiently and cost effectively. It will enable comparisons to be made between public defence and private solicitors in terms of cost, quality, client satisfaction and the wider impact on the criminal justice system. It will be independently evaluated by researchers contracted by the Scottish Office Central Research Unit. The pilot scheme will operate within the Edinburgh Sheriff Court and District Court jurisdiction. It is limited to 6 solicitors who will act independently of SLAB. The pilot is limited to a duration of 5 years with an evaluation report being provided to the Scottish Parliament after 3 years.

Judicial Training

15. The criminal justice system is increasingly complex and demanding. The Government are committed to delivering an effective and efficient criminal justice system. A well-trained and professional bench is a vital component of this objective.

16. Arrangements for the training of judges and sheriffs are now well established under the direction of a Judicial Studies Committee, chaired by the Rt Hon Lord Ross. Their programme includes initial training for new sheriffs and training for all the judiciary on key issues such as the incorporation of the European Convention on Human Rights into UK law. Future plans include refresher training for serving sheriffs.

17. The district court is an integral part of our summary criminal justice system _ in 1996 over 40% of all those called to court in connection with a criminal matter were dealt with by the district court. The Government appreciate the contribution made by the voluntary lay justices who give freely of their time to ensure the delivery of this valuable system of local justice and wish to continue to get the best out of the district court and to support its reputation in the wider criminal justice arena.

18. Recognising this valuable asset, the Criminal Justice Forum's Efficiency Task Group has recommended a review of the provision of training for justices of the peace. This review will look at the recruitment of candidates to the lay judiciary and the means of ensuring that new recruits to the bench reach and maintain an appropriate level of competence. This includes the possibility of establishing national standards for the training of justices and clerks of court and monitoring the implementation of these standards. The Working Group conducting the review will operate under the auspices of the Secretary of State's Central Advisory Council on justices of the peace. Its interim report is expected by the spring of 1999.