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  3. Thematic review of the investigation and prosecution of sheriff solemn cases
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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

Recommendations

Recommendation 1
COPFS should ensure that, where there is a legal representative, a letter providing contact details of the first diet prosecutor and/or the SLM and seeking engagement of the defence on key issues is sent when the indictment is served in all cases. A record of the extent of communication with the defence before the first diet should be recorded on the COPFS IT system. (Page 28)

Recommendation 2
COPFS should refresh the guidance on witness engagement including an explanation of the content of the reports. (Page 34)

Recommendation 3
COPFS should ensure that all relevant information provided by witnesses (whether they provide availability details or not) is pulled into the first diet report. (Page 34)

Recommendation 4
COPFS should ensure that any information obtained on the availability of witnesses is captured and included in the first diet report. (Page 35)

Recommendation 5
COPFS should seek to incorporate the various elements of good practice into a national model for investigating and prosecuting sheriff solemn cases that can be adapted for local variations. (Page 40)

Recommendation 6
COPFS should extend the victim strategy to all victims of sexual crimes prosecuted in the sheriff solemn courts. (Page 44)

Recommendation 7
COPFS should apply a consistent approach to taking evidence by a commissioner for cases prosecuted in the High Court and sheriff solemn courts for all witnesses under 18. (Page 50)

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Key Findings
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Chapter 1 – Sheriff and Jury Journey
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