Joint thematic report on the Proceeds of Crime Act 2002

REMIT

• To inspect the arrangements in police forces and the Crown Office and Procurator Fiscal Service ( COPFS) for implementing the Proceeds of Crime Act 2002 in Scotland.

The Lord Advocate has consented to this inspection including the review of the Civil Recovery Unit for which she has been delegated responsibility as a Scottish Minister as opposed to her independent role as head of the prosecution service.

And within that, to:

• review the processes and systems used by police forces and COPFS;
• examine compliance with police/Association of Chief Police Officers in Scotland ( ACPOS) and COPFS policy;
• review inter-agency working arrangements between police, COPFS and other criminal justice partners; and
• identify and promote good practice, and make recommendations for improving the Services.

ROLE OF THE TWO INSPECTORATES

Her Majesty's Inspectorate of Constabulary for Scotland ( HMICS)

HMICS' purpose is to monitor and improve police services in Scotland. It does this primarily by:

• inspecting and advising police forces and services provided by the Scottish Police Services Authority ( SPSA);
• carrying out 'thematic' Inspections; and
• providing advice to Scottish Ministers.

Although the organisation collaborates with forces, police authorities and the Scottish Government in carrying out its work, all final judgments are arrived at objectively and impartially. Similarly, even though HMICS is independent of the Scottish Government, Ministers can call upon the Inspectorate to undertake particular pieces of work.

HMICS discharges its duty primarily through an inspection programme that increasingly employs thematic inspections, including those carried out jointly with other inspectorates. Publications are available on the HMICS website at: www.scotland.gov.uk/Topics/Justice/public-safety/Police/local/15403/publications.

The Inspectorate of Prosecution in Scotland ( IPS)

IPS was created in December 2003. It serves as an independent inspectorate for the Crown Office and Procurator Fiscal Service ( COPFS), the sole prosecuting authority in Scotland and responsible for investigating sudden deaths and complaints of a criminal nature against the police. IPS's principal functions are to inspect the operation of COPFS and make recommendations for improvement. The Lord Advocate can call upon the Inspectorate to undertake a particular piece of work. It also examines the outcomes and results achieved by COPFS, and promotes good practice. By doing so the IPS makes COPFS more accountable and helps to raise public confidence in its service delivery. All reports are submitted to the Lord Advocate and are published on the IPS website at www.scotland.gov.uk/Topics/Justice/ipis.

METHODOLOGY

Our methodology included the following elements:

• consultation - we held scoping meetings with a number of key leaders and organisations;
• interviews - we conducted interviews with leaders and operational staff in police forces and COPFS;
• questionnaires - these were used to generate wider evidence on specific topics to emerge and supplement information gained at interviews;
• fieldwork - further in-depth interviews and focus groups were held with operational staff in two police forces, a number of Procurator Fiscal offices and National Casework Division;
• observations - we obtained minutes for and attended a number of partnership meetings, liaison meetings and multi-agency seminars to establish how partnership working was taking place; and
• benchmarking - we met with police forces in Derbyshire and London, representatives of the Crown Prosecution Service, and representatives of the Director of Public Prosecutions ( DPP) and Criminal Assets Bureau ( CAB) in Dublin, in order to compare policy and practice in other jurisdictions.

European Foundation for Quality Management ( EFQM)

Our inspection methodology is aligned with the Business Excellence Model of the European Foundation for Quality Management ( EFQM). We have chosen to present our findings in the main body of the report under the following EFQM headings:

• Leadership
• Strategy
• Processes
• People
• Partnership
• Resources
• Results