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  4. Crime still being tackled, police and Lord Advocate vow

Crime still being tackled, police and Lord Advocate vow

23rd March 2020 | criminal law

The Lord Advocate and the Chief Constable of Police Scotland have renewed their commitment to keeping people safe from harm and dealing effectively with those who break the law, in the face of the COVID-19 pandemic.

In a joint statement, Lord Advocate James Wolffe QC and Chief Constable Iain Livingstone QPM set out their priorities for the investigation and prosecution of crime.

The police will continue to deal with criminality, and to report cases to the procurator fiscal in the usual way. Prosecutors will continue to process cases in accordance with the Scottish Prosecution Code, though most trials will not proceed at present, in line with guidance from Scottish Courts & Tribunals (click here for report).

In addition, there will be "revised, rigorous guidelines, focused on public safety", for the police to apply in the liberation of an arrested person pending further investigation or action.

Custody cases will continue to be called in court where there is a concern about public safety and COPFS is recommending that the accused be remanded in custody.

With the restricted courtroom activity reserved for essential trials, emphasis will be placed on judicial case management and proactive engagement between prosecution and defence agents to enable cases to be resolved, where possible, without the need for a trial and witnesses being called. Where a trial is necessary, all efforts will be made to minimise the need for attendance at court.

However solicitors have been complaining via Twitter today that courts such as ID courts  are still going ahead, in crowded conditions.

The statement added: "This situation is evolving and work is being done across the criminal justice system and Scottish Government to enable the effective administration of justice to continue.

"It is appreciated that uncertainty over court proceedings can have a serious impact on those affected by crime, and further information for witnesses, victims and those accused of crime is available on the COPFS website."

Mr Wolffe said: "The police and prosecutors will continue to respond effectively, robustly and fairly to criminality at all levels. We are working with the courts and with Scottish Government on a range of measures which will respond to the demands posed by the present circumstances."

Chief Constable Livingstone affirmed: "My priority is, as always, to ensure the people of Scotland are protected and policed effectively.

"Those breaking the law will be dealt with appropriately to ensure the public is kept safe from risk and harm through rigorous conditions for release and, where necessary, holding people in custody for court."

 

 

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