Memorandum of understanding between HM Chief Inspector of Prosecution in Scotland, the Lord Advocate and the Scottish Government's Director, Justice

Role of the Scottish Ministers

The Scottish Ministers are responsible for allocating the resources within which the IPS operates.

Role of HM Chief Inspector

The Inspector is to secure the inspection of the operation of the Crown Office and Procurator Fiscal Service and to submit to the Lord Advocate a report on any particular matter connected with the operation of the Service which the Lord Advocate refers to the Inspector. 

The Inspector must submit to the Lord Advocate an annual report on the exercise of the Inspector’s functions which the Lord Advocate must lay before the Scottish Parliament.

In exercising the function conferred by statute the Inspector is to act independently of any other person. 

The principal duties of the Chief Inspector include leading and managing the IPS and for developing and delivering the work programme of the IPS including:

• risk-assessment based inspection targeted on identified problems, areas for improvement and identification of good practice
• harnessing self assessment activity to identify where inspection might usefully focus
• identifying and delivering thematic studies including cross‑cutting criminal justice-wide joint inspections

Other duties include:

• deciding whether, when and how to carry out an inspection of the service delivery of COPFS
• appointing any person to assist or advise him/her for the purposes of making inspections and pay such fees or allowances to that person as the Chief Inspector may, with the approval of the Scottish Ministers, fix
• requiring any person to give relevant information or produce relevant documents in order to carry out inspections
• reporting the outcome of any inspection to the Lord Advocate and to COPFS
• providing advice on any aspect of any particular matter connected with the operation of the Service which the Lord Advocate refers to the Inspector  

The Chief Inspector shall not be subject to direction on how he/she carries out any inspection.

Role of the Lord Advocate

The Lord Advocate (in accordance with the provisions of Section 48 (5) of the Scotland Act 1998 which provides that any decision of the Lord Advocate in his capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland shall continue to be taken by him independently of any other person) will:

• approve this Memorandum of Understanding and any revisions to it
• agree the IPS future draft programme.