Report records increased demands on COPFS since Covid
The impact on Scotland's prosecution service of the increased case backlog since the pandemic, along with the additional number of deaths awaiting investigation, is recorded in the newly published annual report for 2022-23 of HM Inspectorate of Prosecution in Scotland.
In her foreword the Chief Inspector, Laura Paton, notes the increased funding given to the Crown Office & Procurator Fiscal Service in both that and the current financial year, which she says is "necessary not only for COPFS to meet the demands arising from criminal and deaths casework, but also to modernise and improve the service it provides, including through investment in digital transformation and upskilling its staff to become a trauma informed workforce".
In 2023-24, COPFS expects 82% of its resource budget to be spent on staffing – and a further 7% on forensic pathology services, as to which the report finds that COPFS has been unsuccessful of its aim in establishing first a national forensic pathology service, and failing that three new regional contracts.
The Chief Inspector states: "Rather than reform being driven by COPFS, there is a need for a codesigned approach to securing a long-term vision for pathology services and to developing a strategic business case. COPFS should play a key role in this, but should not take the lead. Given the cross-sector nature of the work, that role would more appropriately fall to the Scottish Government."
During the year the Inspectorate published reports on COPFS practice in relation to ss 274 and 275 of the Criminal Procedure (Scotland) Act 1975, which made nine recommendations all of which are now being taken forward; and a review of diversion from prosecution (carried out together with other inspectorates), which found scope to increase the use diversion and improve how it operates, making 34 recommendations.
On the latter subject, the Inspectorate "did not disagree with any of the decisions to divert the accused person, even when the alleged offending was serious", but noted uncertainty among some professionals as to whether diversion was appropriate in more serious cases, and recommended strengthened processes and more robust monitoring in such cases – along with a greater focus on the needs of complainers.
Current work includes an inspection of the prosecution of domestic abuse cases at sheriff summary level, assessing and comparing the bespoke arrangements at the Glasgow Domestic Abuse Court, and cases within the remit of the summary case management pilot, along with the standard approach to such cases.
A new process is in place for following up recommendations made – receiving and reviewing action plans shortly after the publication of reports, and greater dialogue with those responsible for taking forward the recommendations, which "will result in a more timely assessment of progress in future and the opportunity to highlight any lack of progress at an earlier stage".