Thematic report on Crown Office and Procurator Fiscal Service's response on race issues

CHRONOLOGY

1995

Research into the information needs of victims and issue of Judicial Studies Board paper on Body Language and Cross-cultural Communication to all legal staff and precognition officers.

1995

Working Group on Child Witness Support set up by the then Lord Advocate.

Autumn 1995

Racial and Cultural Awareness Training centrally with the assistance of the Commission for Racial Equality.

Early 1996

Training on the use of interpreters centrally. Members of Crown Office Policy Group and other members of the Service have since been involved in providing training for interpreters.

January 1998

Publication of the Joint Statement on Crown Witnesses which had been the work of a joint Crown Office/Scottish Court Service working group. It committed both the Department and the SCS to "treat all witnesses fairly and give consideration to their interests whatever their race, sex, religion, age or any special need".

April 1998

Crown Office Victim and Witness Steering Group formed to:-

• Keep under review COPFS policies and practices in relation to victims and witnesses and to identify areas where service delivery could be improved.
• Monitor and co-ordinate the Department's involvement with other agencies in the development and implementation of co-ordinated strategy for initiatives on victim and witnesses.
• Report by June 1998 on options for the provision of case progress information to victims and to outline a victim information strategy.
• Oversee the development of a programme of victim awareness training that commenced with a 2-day event in October 2000.

May 1998

Issue of revised Chapters 12 and 13 of the COPFS Book of Regulations dealing with Deaths and Public Inquiries.

Summer 1998

Awareness raising seminars on Chapters 12 and 13 of the COPFS Book of Regulations.

1 Aug 1998

Re-issue of Judicial Studies Board paper on Body Language and Cross-cultural Communication to all legal and precognition staff as part of a review and consolidation of existing policy guidance, which took place within Crown Office Policy Group in 1997/8.

29 Sep 1998

Crown Office Circular (COC) on new policy on racially aggravated crime contained in the Crime and Disorder Act 1998:-

• To use statute instead of common law in summary cases.
• In solemn cases to have regard to the statutory penalties in making recommendations on appropriate charge and forum.
• Fiscal Fines inappropriate.
• District Court inappropriate.
• When using the Section 96 aggravation the Procurator Fiscal in selecting the forum must have regard to the maximum sentencing power of the court to allow the court to take the aggravation into account in determining the appropriate sentence.
• The Department took the unprecedented step of consulting with the Commission for Racial Equality on this guidance. The nature of the guidance has repeatedly been made public by Lord Advocates at the Scottish Grand Committee, for example in early 1999 and in speeches to conferences organised by Race Equality Councils in June 1999 and March 2000.

30 Sep 1998

Crime and Disorder Act 1998 creating the new statutory racially aggravated offences came into force.

4 Nov 1998

The murder of Surjit Singh Chhokar.

6/9/10 Nov 1998

The 3 accused appear at court.

13 Nov 1998

Crown Counsel instructions issued that only Ronnie Coulter should be fully committed and that David Montgomery and Andrew Coulter be liberated meantime.

17 Nov 1998

Ronnie Coulter was fully committed and remanded in custody. The 110-day time limit in the case was 6 March 1999.

19 Jan 1999

The precognition was reported to Crown Office and Crown Counsel instruct that Ronnie Coulter be indicted in the High Court on a charge of murder. The position with David Montgomery and Andrew Coulter was to be reviewed after the trial of Ronnie Coulter.

13 Feb 1999

Sir William MacPherson reported on the Stephen Lawrence Inquiry.

1 Mar 1999

Ronnie Coulter was indicted to the sitting to commence on 1 March and the trial took place on 2, 3, 4, 5, 7 and 9 March 1999. He was convicted of simple assault and the Advocate Depute did not move for sentence. The trial judge openly criticised the Crown's decision to prosecute Ronnie Coulter alone.

11 Mar 1999

The then Lord Advocate's reply to the trial judge was widely reported in the media.

15 Mar 1999

The Chhokar Family Justice campaign was established.

6 Apr 1999

Following the Stephen Lawrence Inquiry report the Lord Advocate issued further directions to COPFS in relation to the prosecution of racially motivated crimes, which are in line with Sir William MacPherson's recommendations in respect of the Crown Prosecution Service:-

• Rebuttable presumption in favour of prosecution where evidence of racial motivation existed.
• Particular care should be taken at all stages of the prosecution to recognise and include reference to racial motivation which is an aggravating factor which has bearing on the offence and bring it to the attention of the court.
• Pleas of guilty should not be accepted which exclude available and admissible evidence of racial motivation.

Although the report did not specifically relate to Scotland the recommendations in the report were considered by the Department and immediately accepted where relevant. The above guidance was issued within 6 weeks of the publication of the Stephen Lawrence inquiry report.

April 1999

The impact of the MacPherson recommendations on the Department was discussed at the Senior Civil Service seminar.

30 Apr 1999

Victim Steering Group sub-group on Information to Victims formed to develop a pilot scheme for the provision of case progress information to victims.

Jun 1999

The then Lord Advocate addressed a conference arranged by Grampian Racial Equality Council and stated in response to questions from the media that criminal justice agencies must assume that institutional racism exists or risk complacency which could itself constitute evidence of the existence of institutional racism.

Jun 1999

The Lord Advocate had previously commissioned Crown Office Policy Group to draft an action plan dealing with race matters, this was completed in June 1999.

21 Jun 1999

The case against David Montgomery and Andrew Coulter was reported to the Law Officers.

28 Jun 1999

Indictment of David Montgomery and Andrew Coulter instructed.

Jul 1999

A pilot workshop on customer awareness was held at Glasgow Sheriff Court. Crown Office and the Scottish Court Service in collaboration with Victim Support Scotland had developed it.

After a favourable evaluation a team of trainers from each Department was trained in the delivery of the programme in September 1999 and thereafter the training was rolled out to frontline staff.

16 Aug 1999

The first sitting into which the case against David Montgomery and Andrew Coulter was indicted.

Sep 1999

Feasibility study commissioned on the Lord Advocate's proposal for a new service for victims attached to COPFS.

13 Sep 1999

The date of the adjourned indictment - 2 ^nd sitting.

Sep 99-Jun 00

Racial awareness training delivered regionally to all staff.

22 Nov 1999

The date of the adjourned indictment - 3 ^rd sitting.

1999

Lord Advocate's Working Group on the support of child witnesses reported with 16 sets of recommendations.

2000/2001

Two members of staff were seconded from Grampian Racial Equality Council to the Aberdeen Office where they worked as Precognition Officers.

10 Jan 2000

The date of the adjourned indictment - 4 ^th sitting.

13 Jan 2000

"Being a Witness" leaflet translated into Punjabi, Urdu, Bengali, Chinese, Arabic and Hindi.

Feb 00 onwards

The Department contributed to the drafting of the Executive's Action Plan for Scotland which contained a number of commitments made by COPFS. The Deputy Crown Agent represented the Department on the Stephen Lawrence Inquiry Steering Group.

14 Feb 2000

The date of the adjourned indictment - 5 ^th sitting.

10 Apr 2000

The date of the adjourned indictment - 6 ^th sitting.

Apr 2000

The Department intimated in the 2000-2003 Strategic Plan:-

• An intention to establish a pilot at the Aberdeen Office to provide information, support and assistance to the victims of serious crime and next of kin.
• A commitment to pursuing a policy of positive action to improve recruitment of minority ethnic and disabled staff.

5 Jun 2000

The date of the adjourned indictment - 7 ^th sitting.

31 Jul 2000

The date of the adjourned indictment - 8 ^th sitting. The adjournments were as a result of the devolution issues raised and appeals ultimately to the Judicial Committee of the Privy Council.

Jul 2000

Lord Advocate established the Race Strategy Group (later to become the Diversity Strategy Group) and asked the Solicitor General to chair this and take special responsibility for race matters within the Department.

Jul 2000

Issue of a new Chapter of the COPFS Book of Regulations - Chapter 22 Victims, Next of Kin and Witnesses - including a section of minority ethnic victims, next of kin and witnesses.

10 Aug 2000

Introduction of practice of requesting interpreters to attend at the Procurator Fiscal's Office to facilitate the witness in claiming expenses.

28 Sep 2000

Training for trainers on Chapter 22 with particular reference to domestic abuse, later cascaded at Regional level.

July-31 Oct 00

Review of all reports received by Procurator Fiscals during this period of racially motivated crime. (Results reported in Crown Office Circular (COC) dated 14 June 2001:-

• Vast majority of Fiscals adhering to the policy.
• Policy clarified in light of detailed findings of review and further guidance issued).

Sep 2000

Results of feasibility study commissioned in September 1999 endorse the Lord Advocate's proposal for a new service for victims attached to COPFS - Victim Liaison Office (now Victim Information and Advice - VIA).

9 Oct 2000

The date of the adjourned indictment - 9 ^th sitting.

23 Oct 2000

The date of the adjourned indictment - 10 ^th sitting. The case was then adjourned on Crown motion.

Oct 00 & Mar 01

Anti-racist training input to training days for Advocate Deputes (ADs). Judicial Studies Board Bench book also circulated to all ADs.

Oct 2000

Training for trainers on Victim Awareness for legal and precognition staff held with input from Victim Support Scotland and Rape Crisis, later cascaded at Regional level.

6 Nov 2000

The final trial sitting - 11 ^th sitting. The trial took place during November 2000 after the second anniversary of the death of Surjit Singh Chhokar. At the conclusion of the trial David Montgomery was acquitted and Andrew Coulter found guilty of housebreaking and uttering a stolen giro cheque but in respect of the murder he was convicted of assault only.

On 29 November 2000 the Lord Advocate took the unprecedented step of announcing 2 inquiries into the prosecution handling of the case. Sir Anthony Campbell looked at the way prosecution decisions were made and Dr Raj Jandoo reviewed and reported on the liaison arrangements in the case and whether liaison arrangements were affected in any way by institutional racism.

Jan 2001

After a pilot in Glasgow Language Line telephone interpreting service has been available in all offices since January 2001.

Early 2001

Review of Departmental arrangements and policy in relation to the instructions of criminal court interpreters and followed by guidance on policy and best practice on 6 July 2001.

Mar 2001

Department assisted the Central Research Unit in relation to research into racist crime in Scotland.

2 Apr 2001

Race Relations (Amendment) Act 2000 came into force.

11 May 2001

COC on RRAA 2000:-

• Detailed the specific duties proposed by the Department in response to the Act.
• Advertised the establishment of the Race Strategy Group to develop Departmental strategy on race issues and the Regional Resource Teams (now Area Teams) to co-ordinate race strategy regionally.

11 May 2001

Review of arrangements for instruction of criminal court interpreters announced in COC - further guidance to come (issued 6 July 2001).

May 2001

The issue of the Lord Advocate's Guidelines to Chief Constables on the investigation and reporting of racist crime in light of the recommendations of the Lawrence Inquiry Report and the Crown Office review on racist crime. The perception of the victim as to motive should be ascertained and reported to the Fiscal.

May 2001

Training for interpreters.

Jun 2001

Secondment of a second year trainee solicitor to the Commission for Racial Equality and secondments from the West of Scotland Community Relations Council to the Procurator Fiscal's Office at Glasgow started and continue to the present time.

14 Jun 2001

COC on results of review of racially motivated crime (July - 31 Oct 2000). The vast majority of Procurator Fiscals were found to be adhering to Crown Policy. Policy was refined:-

• No change to the rebuttable presumption.
• Warning letters were never to be issued.
• Diversion/mediation and reparation was considered appropriate in a very few cases and this course could only be followed after the matter was reported to Crown Office Policy Group.
• Where police officers were called "black bastards" and there was sufficient evidence to institute proceedings under the statutory provisions Procurator Fiscals should proceed with the statutory provision where police officers were of an obvious minority ethnic background.
• Anti-English racism was caught by the statutory provisions and if there was sufficient evidence the statutory provisions should be libelled.
• Care was required in the consideration of offences against travelling people as Romany gypsies are a distinct ethnic group but there had been no judicial consideration of Scottish travellers from a non-Roma background.

6 Jul 2001

COC on review by the Race Strategy Group of arrangements for instruction of interpreters by Procurator Fiscals. Introduced:-

• Guidance on instruction of interpreters, on the briefing of interpreters and using interpreters in court.
• Minimum requirements on the qualifications and experience of interpreters.
• Interpreters' code of conduct.

20 Jul 2001

COC on docquet to be attached to correspondence and other documentation where despite attempts made to clarify the position with the police it remains unclear as to whether the intended recipient requires translation services. This was intended as part of an incremental approach which the Department was taking to the issue of translation of correspondence and documentation. The original docquet was in 7 languages; as of 10 May 2004 this is now 30.

19 Sep 2001

The Lord Advocate announced the setting up of an internal management review to start in October 2001 and Jonathan Pryce, a senior Civil Servant from the Scottish Executive and Catherine Dyer, Procurator Fiscal, Linlithgow appointed (this reported in February 2002 and led to the reorganisation of the service from 6 Regions into 11 Areas).

24 Oct 2001

The Lord Advocate announced to Parliament the findings of the inquiries by Sir Anthony Campbell and Dr Raj Jandoo into the handling of the tragic case of Surjit Singh Chhokar.

2001

Report by the Centre for Education for Racial Equality in Scotland (CERES) at Edinburgh University re an audit/review of COPFS training (results of further review submitted 9 August 2002).

28 Feb 2002

Report on the planning, allocation and management of resources in COPFS - the Pryce Dyer Report that led to the reorganisation of the COPFS.

28 Mar 2002

COC detailing:-

• The second set of Lord Advocate's Guidelines to Chief Constables, which took effect on 1 April 2002 with the aim of improving the quality of the investigation and reporting of racist crime. Although the guidelines were in preparation prior to the publication of Dr Jandoo's report into the tragic case of Surjit Singh Chhokar they also attempted to take into account many of the recommendations in the report. They supersede and consolidate the first set of guidelines.
• The transfer of responsibility for interpreters for the accused from COPFS to the Scottish Court Service from 1 April 2002. This arrangement does not cover the District Courts and the Procurator Fiscal continues to instruct interpreters for accused in some District Courts.

9 Aug 2002

Follow up report from CERES at Edinburgh University on the mainstreaming of race training. The Diversity Awareness Programme being rolled out throughout COPFS for all staff being the result.

Oct 02-Mar 03 & Oct 03

Review of quality of police reporting in light of the terms of the second set of guidelines from the Lord Advocate to Chief Constables (follow up exercise in October 2003).

8 Oct 2002

COC on the provision of interpreters for bereaved relatives and relatives of victims who wish to view proceedings.

6 Jun 2003

Establishment of the Equality Advisory Group to provide independent and expert advice to COPFS on the impact or likely impact of its existing and future policies on equality issues and any racial, religious and cultural issues which arise in criminal cases and in particular the likely liaison needs of bereaved relatives from a minority ethnic or religious community.

27 Jun 2003

The Criminal Justice (Scotland) Act 2003 came into force and Section 74 of the Act provided an aggravation of religious prejudice in relation to any offence. Evidence from a single source is sufficient to prove the aggravation. Directions to Procurator Fiscals were also given on such cases:-

• There should be a rebuttable presumption in favour of prosecution where evidence of religious prejudice exists.
• The attention of the court should be brought to evidence of the religious prejudice aggravation at all relevant stages of prosecution.
• Any reduced or partial plea will require to be fully justified and the reasons for taking such a plea should be recorded. There is a strong presumption against acceptance of a plea that excludes available and admissible evidence of the religious prejudice aggravation. Reduced or partial pleas are not acceptable where the complainer is a member of a particularly vulnerable group or where such religious aggravation may be associated with other forms of prejudice and, in particular, racist behaviour.
• Proceedings will normally be appropriate in the Sheriff Court or above but there may be some cases where District Court proceedings will be sufficient and where a fiscal fine may be considered. The reasons for taking proceedings or issuing a fiscal fine should be recorded.
• Where religious prejudice in terms of Section 74 is libelled in a charge Procurator Fiscals, in selecting the appropriate forum, must have regard to the maximum sentencing power of the court to allow the court to take the aggravation into account in determining the appropriate sentence.
• Warning letters may be considered in exceptional cases but only on the personal instruction of the District Fiscal.
• Diversion/Mediation and Reparation. Some offenders may benefit from such schemes and the Procurator Fiscal should check that a suitable course is available for such cases before following this course. Such cases should be passed to District Fiscals to asses and take the final decision on whether or not to instruct either of these disposals.
• Guidelines were also issued by the Lord Advocate to Chief Constables on the investigation and reporting of offences aggravated by religious prejudice.

Sep-Oct 2003

Training of in-house trainers for Diversity Awareness Programme prior to rollout commencing. This training followed on from attendance at a police run course. This programme is being rolled out to every member of the COPFS.

Oct 2003

Review of quality of police reporting in light of the terms of the second set of guidelines from the Lord Advocate to Chief Constables (following on from exercise October 2002 - March 2003).

Oct 2003

Establishment of WGIT - Working Group for Interpreting and Translation Provision in the Criminal Justice System in Scotland in partnership with the Scottish Court Service, Scottish Legal Aid Board, the Police and the Law Society of Scotland. The aim of the group is to drive up standards in interpretation and translation.

2003

Publication by the Scottish Executive of guidance on the investigative interviewing of children and questioning of children in court in response to the Lord Advocate's Working Group on Child Witness Support.

17 Feb 2004

Diversity Proofing Tool guidance published on Departmental intranet - race proofing has now been widened to include the entire diversity agenda.

31 Mar 2004

COC providing guidance to staff in respect of "failed asylum seekers" and the extent to which the apparent withdrawal of all financial support could lead to some degree of criminality.

Apr 2004

A survey of members of the public leaving Procurator Fiscal Offices in April 2004 by an independent survey company found satisfaction ratings high with 87% of users "very" or "fairly" satisfied with the service received.

23 Jun 2004

COC permitting the issue of warning letters in race cases as an alternative to prosecution in exceptional circumstances.

24 Jun 2004

Crown Office results of 2003 review of compliance with the Lord Advocate's Guidelines on the investigation and reporting of racist crime by the police.

Sep 2004

Review of COPFS structure on diversity with the topics becoming regular agenda items at the Management Board and the Legal and Policy Forum meetings replacing the National Area Diversity Team meetings. Reports will then be made to the Diversity Strategy Group which will continue to be chaired by the Solicitor General.