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  3. Thematic review of the investigation and prosecution of sheriff solemn cases
  4. Annex A – Survey of Defence Practitioners

Thematic review of the investigation and prosecution of sheriff solemn cases

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Inspection reports

19th February 2019

The aim of this inspection was to review and assess the effectiveness of the Crown's investigation and prosecution of sheriff solemn business following the sheriff and jury reforms. The review will focus on the effectiveness of procedures, processes and systems in ensuring cases are progressed expeditiously; the impact of the legislative reforms; and the individual needs of the victims.

Additional

  • Introduction
  • Key Terms
  • Key Findings
  • Recommendations
  • Chapter 1 – Sheriff and Jury Journey
  • Chapter 2 – Leadership and Governance
  • Chapter 3 – Sheriff and Jury Reforms
  • Chapter 4 – Overview of Cases Indicted In 2018
  • Chapter 5 – Analysis Of Reforms
  • Chapter 6 – Communication With Victims
  • Annex A – Survey of Defence Practitioners
  • Annex B – Victim Information and Advice (VIA) Remit
  • Footnotes

  • Introduction
  • Key Terms
  • Key Findings
  • Recommendations
  • Chapter 1 – Sheriff and Jury Journey
  • Chapter 2 – Leadership and Governance
  • Chapter 3 – Sheriff and Jury Reforms
  • Chapter 4 – Overview of Cases Indicted In 2018
  • Chapter 5 – Analysis Of Reforms
  • Chapter 6 – Communication With Victims
  • Annex A – Survey of Defence Practitioners
  • Annex B – Victim Information and Advice (VIA) Remit
  • Footnotes

Annex A – Survey of Defence Practitioners

We issued an online survey to 42 defence firms (48 solicitors) to obtain their views on whether the reforms had changed and/or improved Sheriff and Jury business. There was a 33% response rate.[51] All those who responded had at least three years' experience in solemn work, regularly conducted first diet courts and, with one exception, conducted sheriff and jury trials on a regular basis. All had experience of conducting this type of work both before and after the reforms.

69%[52] of the respondents found the reforms had a positive impact, 19%[53] found that there had been no impact and 12%[54] found that they had a negative impact. Of those who stated there had been a positive impact:

  • 64% reported there was better communication between the Crown and defence.
  • 55% saw better scheduling of trials.
  • 36% reported there was more time to prepare between service of indictment and the first diet.
  • 36% stated there was increased judicial management.
  • 36% concluded that the combination of the above factors provided a positive impact.

Chaotic timetabling, onerous burdens on defence, failing to identify where there might be witness issues and having to travel to other courts[55] were highlighted as having a negative impact.

In response to the question "What could be done better to help improve the efficiency of solemn business in the Sheriff Court?" the responses included:

  • Earlier/speedier disclosure[56]
  • Legal involvement of the prosecutor at an earlier stage allowing for meaningful discussion e.g. acceptable pleas
  • The prosecution responding better/quicker to correspondence
  • More clarity of when cases will call
  • Less Section 67 notices
  • Increased funding for SCTS and the prosecution service.
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Chapter 6 – Communication With Victims
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Annex B – Victim Information and Advice (VIA) Remit
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