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11 SUMMARY AND CONCLUSIONS
Chapter 2 - Case Analysis
The review of 180 cases overall showed a high degree of adherence to Crown Office and Procurator Fiscal Service policy and guidelines.
Our review of the race cases showed high compliance with this important area of policy for both the Ayr and the Kilmarnock offices.
So far as 'No Proceedings' are concerned again although we make a couple of minor points there was overall a high degree of adherence to policy.
In the area of 'Warnings' both Ayr and Kilmarnock there was some slippage in meeting the Crown Office and Procurator Fiscal Service time target for marking such cases.
'Fiscal Fines' were examined and this will become an increasingly important area of activity in view of the implementation of the Summary Justice Reforms.
In virtually all of the cases inspected at Ayr and Kilmarnock there was compliance with Crown Office policy and guidance which augurs well for future implementation of reform.
In the category of 'No Further Proceedings' a high degree of compliance with policy was noted in both Ayr and Kilmarnock although there was a minor issue in relation to Kilmarnock with the correct category being chosen.
In 'Diversion' all the cases examined were found suitable for diversion and appropriately marked.
In the area of District Court prosecutions in relation to Ayr we found that a great deal of effort had gone into preparing for the trials which took place. Although we found that Disclosure was not made in line with the Departmental target for such closer examination showed this was largely due to late submission of statements by the police.
In relation to Kilmarnock District Court cases all the cases examined were found to be appropriate for prosecution in District Court with charges well drafted. The cases were all fully prepared for trial at the marking stage and all the witnesses required for subsequent trials identified at that point.
Again similarly to Ayr so far as Disclosure is concerned Disclosure within the desirable Departmental time target was hampered by late submission by the police.
In Sheriff Summary proceedings the cases examined were split between custodies where bail would be a relevant consideration and non-custody cases.
So far as Ayr is concerned the custody cases were largely found to have been well drafted and appropriate.
In the important area of bail decisions made by the Procurator Fiscal again were found to be highly appropriate bail being opposed where necessary.
Preparation for trial was instructed at the initial case marking stage.
Disclosure in custody cases is particularly difficult given the short period between pleading diet and trial diet. Again it was interesting to note that in cases where bail was allowed the failure to disclose was largely due to late submission of statements by the police.
It was also noticeable that in a case involving a child witness all the appropriate steps had been taken.
In the area of cited cases for Ayr generally these were well marked with charges being changed from the police version to a more appropriate version for court purposes.
Again cases were well prepared at the marking stage.
Again in the area of Disclosure although on the face of it the Departmental target was missed in 9 of the 14 examined which was partly due to the police submitting reports late and in any event it did not appear to have an impact on the trial diet.
We found generally that cases were well prepared for trial which on occasion required considerable effort.
In Kilmarnock in the custody cases it was found that all of the cases were marked in accordance with Crown Office guidance and appropriate bail charges and opposition made.
Again we comment on Disclosure in relation to this cases where bail was allowed and the late Disclosure was largely down again to late submission of statements by the police.
We found examples of good practice both in relation to an accused with learning difficulties and another involving child witnesses.
In relation to cited cases in Kilmarnock we found that all of these were marked in accordance with Crown Office policy and again cases were prepared for trial at the marking stage.
We found that cases were generally well prepared for trial.
So far as Disclosure is concerned in 3 of the 9 cases where this was relevant the target was missed.
Generally we found that cases were well prepared with appropriate advance notice being given where required and unsuitable pleas being refused.
Although Disclosure was seen as a possible issue feedback from the Sheriff at Kilmarnock indicated that these problems were usually resolved although the feedback at Ayr seemed to indicate this was more of a problem.
We looked at the domestic abuse cases where Crown Office has a firm policy on prosecution where a sufficiency of evidence exists.
21 cases were reviewed in all. In only 2 of the 21 cases examined did we find prima facie breaches of policy which overall shows a very high compliance with Departmental rules.
In solemn cases we examined Sheriff and Jury cases at Ayr and Kilmarnock and also cases indicted into the High Court.
So far as Ayr is concerned all the cases examined were custody cases and we found appropriate decisions being made on bail. Disclosure was made in 4 of the 5 cases and only narrowly missed in the 5th.
Despite considerable increases in the volume of such serious cases it was noted that the Ayr office met the Departmental target to indict in these cases.
It was particularly noted that a very proactive approach was taken to negotiate pleas and therefore save inconvenience to witnesses etc. We did, however, take issue with a plea negotiated in a domestic abuse case.
In Kilmarnock the question of bail was properly addressed at all stages and early resolution had been sought. As in previous reports we would have liked more interviews of key witnesses.
In the High Court 6 cases were examined covering both offices. We found these well prepared. Disclosure was done timeously in all cases.
Chapter 3 - Managing Performance
Of the 11 targets relevant for the Area during the period April 2006 to March 2007 it failed to meet 2 one in relation to the investigation of deaths and the other in relation to the investigation of complaints against the police.
Projected figures show that the Area should meet all current targets for the year 2007/08 but might struggle to meet a new target of serving 80% of Sheriff and Jury indictments by 8 months. Ayrshire was one of the few Areas however to meet this target in January 2008.
Considering the volume of business being handled by the Area and the onerous burden imposed by Disclosure requirements it is to the Area's enormous credit to have achieved these performances against targets.
We were satisfied that the Area managed this performance in a proactive and sensible way.
Chapter 4 - Disclosure
Disclosure has been referred to above in relation to the various categories of cases.
Again we are satisfied that every effort is being made to comply with Departmental targets on Disclosure. It was noticeable that failures were quite often due to the actions of third parties particularly the police in failing to supply statements in time. We note that this issue is being addressed with the police.
Chapter 5 - Service to Victims and Witnesses
In relation to provisions for vulnerable witnesses Ayrshire has been involved in the work of the Vulnerable Witness Liaison Officer pilot with a view to rolling this out throughout the whole country if found to be successful.
We looked at the interaction and working practices involving Victim Information and Advice ( VIA) staff and the Witness Service. Both indicated good working relationships although there were technical difficulties with the remote site or court to court links which are a matter for Scottish Courts Service and not the Procurator Fiscal.
VIA staff in Ayrshire have been involved in a pilot with regard to the implementation of Phase III of the Vulnerable Witnesses (Scotland) Act 2004 involving preparation by VIA staff of child witness notices. Similarly Phase IV will involve VIA staff in completing vulnerable adult notices.
We obtained independent feedback on the service to victims and witnesses from a number of agencies and we carried out our own questionnaire of witnesses at court. Overall the returns from these questionnaires were very positive of the efforts made by the Procurator Fiscal Service particularly in the important areas of receiving adequate notice of when to attend court and information on what was happening when attending at court.
Women's Aid from South Ayrshire advised of good relations with the Fiscal's Office particularly with VIA staff.
Similarly North Ayrshire Women's Aid described relations as good with easy access to information.
Women's Refuge indicated that their clients were now finding attending court a much better experience with special arrangements being made.
Rape Counselling for Ayrshire also described relations as good with Fiscals in court always attempting to facilitate victims' needs.
Victim Support in North Ayrshire described relations with the Kilmarnock office as very good and VIA staff being very helpful. Similarly East Ayrshire Victim Support described relations with VIA staff as very good and also with the Fiscal's Office.
South Ayrshire Victim Support also described relations as good and described VIA as providing a "great" service and that VIA had made a positive difference to the whole process for a victim.
Feedback was also obtained from the Scottish Government's Victims and Witnesses Unit. As previously described a Vulnerable Witness pilot project was established in Ayrshire and feedback indicated that particularly in relation to child witnesses the process for dealing with these was being carried out well. Overall the Victims and Witnesses Unit feels that the Ayrshire Area is doing a great job in relation to victims and witnesses and a lot of thought went into this work despite the pressure on staff.
Chapter 6 - Deaths
At the time of our inspection a specialist Area Deaths Unit was in the process of moving from Kilmarnock to Ayr. It had previously been part of a combined High Court and Deaths Unit. Overall target achievement in relation to Departmental timescales was good.
Chapter 7 - Management Issues
Chapter 7 looks at a range of management issues including leadership, staff management, training, financial management, risk management, change management and complaints handling.
On leadership all senior staff had attended the mandatory leadership development programme and Area Management meetings are held monthly.
Team briefings are also held within each District Office once per month.
Analysis of the recent Departmental staff survey showed that three-quarters of the staff understood how their work contributed to the overall objectives of the Department however only 22% indicated that they received clear explanations about major decisions. 82% of staff indicated they intend still to be working for the Department in 12 months time compared to a national average of 68%.
On staff management the Area Business Manager reviews previous and expected workloads to identify staffing requirements.
An Area staff skills audit had taken place and Departmental figures showed that output for staff in Ayrshire was higher than the national average.
A new Deaths Unit and High Court Unit had been established.
At the time of inspection the Area Fiscal's post was vacant and there were 2 Depute Fiscal vacancies.
It was noticeable that the experience of the Deputes in Ayr was less than that in Kilmarnock with the management transferring at least on a temporary basis some staff to remedy the situation. There was a relatively high reliance on ad hoc Depute assistance and also ad hoc Precognition Officer assistance.
It is expected that recent Departmental success in obtaining additional funding will be sufficient to meet bids for increased staff.
On the training front the Business Plan had identified 4 key areas for future training. The opening of the new Scottish Prosecution College in Glasgow was seen as a good development for Ayrshire staff as it reduced normal travelling time.
The Area has a training committee and the Area holds a training day for all staff and the District offices have each an annual training day.
Financial management and budgetary control is under the direct supervision of the Area Fiscal assisted by the Area Business Manager.
Inspection and analysis of the systems in use showed that the Area kept good control of the finances.
In the area of risk management the Area Business Manager is responsible for the risk register for the Area. The main risk identified is staffing resources including a combination of vacancies and inexperience and sickness. We have mentioned already the Area's considerable achievement in meeting its targets despite some of these constraints.
So far as change management is concerned attempts are made to involve all staff in the process and a number of major change events have been identified including imminent Summary Justice Reform.
The Area also participates in process reviews. These are shared with the rest of the Department. Perhaps somewhat disappointingly the staff survey indicated that only 22% of staff in Ayrshire felt they were given clear explanations behind reasons for major change.
On the complaints handling front Area guidelines are available to all staff. Every effort is made to resolve complaints within the requisite time periods.
Chapter 8 - Relations with Criminal Justice Partners
Input from a wide range of criminal justice partners was sought and obtained. It seems particularly apposite for Ayrshire to get such a view to "see themselves as others see them".
Feedback from a range of criminal justice partners particularly in the areas of domestic abuse, rape counselling and general witness support were very encouraging.
Communication was frequently commented on as being straightforward.
The police and a view taken from an experienced local defence agent were also very supportive of the efforts made by the Procurator Fiscal and good co-operation and communication was evident.
Relations and communication with the Sheriff Clerks and District Clerks also appeared to be good with efforts made to resolve whatever problems arose in the course of the business.
Views from the Sheriffs were more mixed with Disclosure and lack of experience being highlighted by the Ayr Sheriffs as being a particular problem and a perceived reduction in the quality of preparation for court. This was not the case in Kilmarnock which perhaps reflects the more experienced nature of the staff there.
Chapter 9 - Equality and Diversity
Equality and diversity issues seem well catered for by the Ayrshire Fiscal's Offices.
Good feedback was obtained on quality of working from a number of agencies involved in this field.
Diversity issues are a mandatory item in training days.
Chapter 10 - Securing Public Confidence
The Area maintains close links with a number of local community groups.
In addition the Area and District Fiscals meet with local MSPs and Councillors throughout the year.
In conjunction with other outreach initiatives it appears that efforts are made to engage with the local community. Raise awareness of what the Procurator Fiscal does and secure confidence.
Overall despite some staff shortages and vacancies (eg the Area Fiscal post was vacant during the period of inspection) the Area performed well especially in key areas, feedback being generally positive. Performance against targets was also good.
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