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Recommendations
Recommendation 1
With regard to training of staff, COPFS should:
(a) review and streamline the content of its domestic abuse training taking into account the target audience
(b) review the take-up of mandatory and other training, and identify and address the reasons for low take-up
(c) ensure that all staff managing and prosecuting domestic abuse cases and engaging with domestic abuse victims have appropriate training (including prosecutors, VIA officers and National Enquiry Point operators)
(d) review the domestic abuse e-learning module for VIA officers and make it mandatory.
Recommendation 2
In relation to the reporting of domestic abuse cases, COPFS should work with Police Scotland to:
(a) ensure that prosecutors have sufficiently detailed information on the risk to victims which can be passed on to the court when required
(b) ensure that Standard Prosecution Reports fully address the victim’s views on court proceedings, bail conditions and non-harassment orders. Reasons for victims’ views should be fully explored and should be described, by both COPFS and Police Scotland, in appropriate and accurate language
(c) ensure that the approach to counter allegations set out in the joint protocol on challenging domestic abuse is followed in practice by both reporting officers and marking deputes. Managing counter allegations should form part of training
(d) ensure that calls to 999 and 101 are assessed for their evidential value by both reporting officers and marking deputes
(e) address the premature reporting of cases and delays in carrying out further enquiries. Consideration should be given to increasing the use of investigative liberation, while ensuring that the risk to victims is assessed and managed through the use of protective conditions.
Recommendation 3
COPFS should ensure that statutory aggravations are applied where appropriate. This could be done via additional training and guidance, as well as quality assurance and feedback to staff.
Recommendation 4
In domestic abuse cases, COPFS should require that marking instructions specify whether there is a sufficiency of evidence without the victim giving evidence.
Recommendation 5
COPFS should ensure there is a shared, service-wide understanding of Advance Notice Trials and Advance Preparation Trials. There should be a clear, efficient process for identifying cases that require advance notice or preparation and for ensuring that they receive the additional attention they require.
Recommendation 6
COPFS should ensure that domestic abuse cases at summary level are prepared effectively. This will require that:
(a) new information is brought to the attention of deputes and acted on promptly
(b) deputes are available to deal with urgent and unexpected queries as they arise
(c) the tasking of reporting officers is followed up timeously
(d) action is taken to address any risks to the efficient progression of the case
(e) deputes have sufficient time to address issues during their case preparation.
Recommendation 7
COPFS should ensure that an accurate record of discussions and decisions at pre-intermediate diet meetings is made in the electronic case file.
Recommendation 8
To avoid unnecessary adjournments, COPFS should ensure that, where it is clear during case marking or case preparation that the complexity of the case or the nature of the evidence required will mean early trial diets are not achievable, then more realistic trial diets should be sought.
Recommendation 9
COPFS should provide clear guidance to staff on when a domestic abuse victim should be informed of a decision to discontinue a case and of their right to request a review of that decision.
Recommendation 10
Where cases are discontinued at court, COPFS should ensure that they are reviewed timeously by a Principal Depute. The Principal Depute should review whether the discontinuation decision was appropriate, identify if there is any learning arising from the case, and determine how the case should proceed.
Recommendation 11
As well as monitoring the domestic abuse waiting period, COPFS should work with its partners to monitor the overall journey time for domestic abuse cases. This monitoring should lead to action to address any barriers to progressing cases efficiently.
Recommendation 12
With regard to bail in domestic abuse cases, COPFS should:
(a) ensure that prosecutors provide sheriffs with information about whether victims want special bail conditions and, if so, what those conditions should be, tailored to each victim’s needs
(b) work with justice partners, particularly the police and the Scottish Courts and Tribunals Service, to ensure that victims are informed of the outcome of the accused’s first appearance on the same day, and update all guidance and protocols accordingly
(c) ensure that victims are informed of bail review applications, their views are sought and put before the court, and they are informed of the outcome timeously.
Recommendation 13
In domestic abuse cases, COPFS should ensure that:
(a) throughout the case, the victim’s views on the need for a non-harassment order and its contents should be sought, whether directly or through a support organisation
(b) reports containing the views of the victim about non-harassment orders should be processed and brought to the attention of prosecutors timeously, and the victim’s views put before the court.
Recommendation 14
COPFS should review its guidance to ensure there are clear, consistent instructions to staff about who is responsible for notifying victims of postponed undertaking dates. Guidance should be supported by appropriate processes, and staff should be made aware of the approach to be taken.
Recommendation 15
With regard to special measures, COPFS should:
(a) ensure that when victims make contact to discuss special measures, they are offered the full range of measures available. This will allow victims to choose the standard special measure or measures that will help them give their best evidence, or request non-standard measures
(b) work with its justice partners towards ensuring all victims in domestic abuse cases have the opportunity to give their evidence remotely, and that there is sufficient capacity to meet demand
(c) review the process for arranging remote TV links from other nations in the UK and consider whether this should be done by a centralised resource
(d) inform victims about the special measures that have been granted. This information should be provided as early as possible.
Recommendation 16
COPFS should ensure that victims in summary domestic abuse cases are proactively made aware of the possibility of viewing their statement in advance of the trial.
Recommendation 17
COPFS should ensure that in all summary domestic abuse cases, prosecutors seek to make contact with the victim as part of their early case preparation. Prosecutors should have sufficient capacity to carry out this task effectively.
Recommendation 18
In summary domestic abuse cases, COPFS should address victims’ desire to speak with the trial prosecutor in court. To alleviate the pressure on prosecutors at court, this could include requiring prosecutors to make contact with victims during trial preparation to introduce themselves and address any outstanding issues. Prosecutors should have sufficient capacity to carry out this task effectively.
Recommendation 19
In relation to communicating with victims in summary domestic abuse cases, COPFS should:
(a) take immediate steps to ensure that victims are receiving basic information about their case, including its outcome, timeously
(b) work towards providing information to victims at additional key points in the progression of cases
(c) develop guidance for all staff to ensure that there is consistent practice regarding what a victim is told about charges and accepted pleas
(d) ensure that staff are able to identify and respond to the additional support needs of victims.
Recommendation 20
COPFS should review whether the current VIA service in summary cases is fit for purpose and whether, in its current form, it will be able to deliver a person-centred and trauma-informed service to victims. As part of its review, COPFS should consider the need for effective national leadership and oversight of the VIA service.
Recommendation 21
COPFS should provide victims in domestic abuse cases with a dedicated VIA officer.
Recommendation 22
COPFS should ensure that all victim and witness contact is recorded in one centralised place accessible to all staff. In the short term, COPFS should take immediate action to ensure that all staff are aware where victim and witness contact with Enquiry Point is recorded, and that staff use this information when preparing and managing cases.
Recommendation 23
To improve the efficiency of its service, COPFS should identify and reduce failure demand.
Recommendation 24
At an early stage in proceedings, COPFS should proactively advise child witnesses who provide statements to the police in domestic abuse cases (and/or their parents or guardians) whether or not they will be cited to give evidence.
Recommendation 25
COPFS should review its use of quality assurance to support continuous improvement in the management of summary cases and in communication with victims and witnesses.
Recommendation 26
COPFS should gather feedback from victims and witnesses about their experience in domestic abuse cases. This feedback should be used to support improvements in its service.
Recommendation 27
COPFS should ensure there is a national mechanism by which information about its management of domestic abuse cases (including the results of quality assurance activity, complaints, Victims’ Right to Review applications, feedback from service users and support organisations, and performance data) is monitored, discussed and acted upon, with a view to supporting continuous improvement in its service.