The prosecution of domestic abuse cases at sheriff summary level

Supporting staff

45. During our inspection, we considered how well COPFS supports its staff to prepare, manage and prosecute domestic abuse cases at sheriff summary level. This included consideration of the policy, guidance, training and other tools available to support staff in their decision making and management of cases.

Policy and guidance

46. Prosecution policy and guidance to staff on how to manage and prosecute cases is primarily set out in:

• the joint protocol between COPFS and Police Scotland on challenging domestic abuse^[26]
• the COPFS manual on victims and witnesses
• COPFS’s case marking instructions.

47. This is supplemented by further guidance on specific issues such as bail, or through operational instructions which alert staff to essential and updated guidance or any new policies. Reminders are also sent to staff regarding issues that are complex or which may be causing difficulties. We saw helpful reminders about, for example:

• the use of the child aggravation
• the use of the domestic abuse aggravation
• drafting charges and seeking bail conditions involving a sensitive address
• non-harassment orders.

48. All policy and guidance is available to staff via the COPFS intranet. For ease, one page draws together all policy and guidance on domestic abuse, as well as legislation, case law, links to training and other relevant materials.

49. Staff we interviewed were aware that domestic abuse is a priority for COPFS. There was also good general awareness of prosecution policy on domestic abuse. They felt domestic abuse policy was robust, generally comprehensive and easily accessible. If they were unsure how to manage a particular case, they could seek help from their manager. Across COPFS, support and guidance was also available from the National Lead for Domestic Abuse.

50. Where staff felt they would benefit from additional guidance or support was in relation to:

• the interaction of policies on managing summary cases with managing domestic abuse cases. Experienced deputes were aware of when domestic abuse policy required them to depart from standard approaches in summary cases, but less experienced deputes were less confident in this area
• resolving potential tensions in their role acting in the public interest with trauma-informed approaches that encourage a focus on the individual needs and preferences of victims.

51. Both issues could be resolved through additional guidance, support from managers and training.

52. Domestic abuse cases are marked by prosecutors working in the National Initial Case Processing (NICP) unit and in local court teams. NICP has useful internal marking guidance but this is not always shared with prosecutors working in other teams or made available on the intranet. Local court prosecutors mark cases less frequently than colleagues working in NICP and would benefit from access to this guidance. This will help promote consistency in marking decisions across teams.

53. All victims of domestic abuse should be referred to COPFS’s Victim Information and Advice (VIA) service. VIA provides information to victims about their case and signposts them to other sources of support where needed. Policy and guidance relating to VIA’s role is also accessible on the intranet. Some VIA officers advised that they also use local desk instructions to guide their work, but most VIA officers felt there was little specific domestic abuse guidance for them and they mostly learned on the job or by listening to colleagues.

54. In preparation for the implementation of the summary case management pilot, additional guidance was provided to prosecutors and administrators working in the pilot areas. The guidance set out how pilot cases would be processed and managed differently than standard summary cases, and what was expected of staff. Staff found this guidance clear, detailed and helpful. Administrators appreciated being consulted on the guidance prior to implementation. The guidance was updated as the pilot evolved. In late 2023, all guidance and information associated with the pilot was brought together in one place on the intranet. This will be helpful for staff working in areas where the pilot will be implemented next.

Training

55. In its Strategic Plan 2023-27, COPFS states that one of its strategic aims is to ‘support our people to deliver excellence’. It will build a skilled and trauma-informed workforce, and will invest in staff development.^[27] It has also stated that it will ensure that learning and development opportunities are available throughout its people’s careers to strengthen its capacity to deliver an improved service.^[28]

56. At 31 May 2023, COPFS employed 2,445 staff. Twenty nine per cent were legally qualified. The majority of staff worked in a range of other roles including business managers, case preparers, administrators and VIA officers. Almost half the staff were employed in the local court function, which primarily deals with summary and solemn cases in the sheriff court. More than half of the workforce had joined COPFS since 1 April 2016.

57. There is extensive policy around responding to domestic abuse, and guidance on how domestic abuse cases are often managed differently to other cases. There are also legal developments that require to be shared with staff. There is also an appreciation that victims in domestic abuse cases may require additional support through the prosecution process. Supporting new staff through training, and supporting existing staff through refresher training as well as training on new legal, policy and process developments is therefore key to delivering an effective service. Formal training takes on more significance when opportunities for informal, ‘on the job’ learning are more limited when many staff work from home.

58. A range of formal training on domestic abuse is available. This includes:

• a three-day domestic abuse accredited prosecutor course
• a one-day domestic abuse awareness course
• a one-hour domestic abuse course
• a half-day stalking workshop
• e-learning modules on domestic abuse for VIA staff, the Domestic Abuse (Scotland) Act 2018 and stalking offences
• a one-day course to support staff engaging with victims and witnesses.

59. Training specific to the 2018 Act was also provided when it came into force. Ad hoc training opportunities are made available to staff, such as a seminar on understanding economic abuse. These are often recorded, allowing staff – such as those who were busy in court – to watch them at a more convenient time. We also heard that some teams, such as NICP and the Glasgow Domestic Abuse Unit, supplement the formal courses with training sessions for their staff on issues of particular interest.

60. The formal training courses are advertised in an online prospectus published by the Scottish Prosecution College. The prospectus describes each course and sets out its target audience, including whether it is mandatory.

61. The domestic abuse courses vary in depth, but they generally cover a range of issues including the typology and dynamics of domestic abuse to help in the identification and understanding of cases, legal and evidential principles, and the role of the police and support organisations in domestic abuse cases.

62. We took part in the domestic abuse courses and considered that, overall, the training available was comprehensive, relevant and up to date. There were good examples of some content being delivered by partner agencies, such as the police and support organisations. However, there was a lack of clarity about how the one-hour, one-day and three-day courses linked with one another and whether they should be completed sequentially by the target audience, or whether and which one course would be sufficient depending on someone’s role. There was some overlap in course content and the target audience set out for each course did not always seem appropriate. For example, the target audience for the three-day domestic abuse accredited prosecutor course is all COPFS staff. While portions of that course will be helpful to VIA staff, some will not. The course could be structured in such a way to allow some staff to dip in and out as needed (Recommendation 1(a)).

63. The one-hour domestic abuse course was useful and easily accommodated within a busy working day. However, it was also a challenge to get through the material in the time available. There was little time for discussion, although the trainer was willing to stay on and answer questions afterwards. We were concerned that this was the only course completed by many of the prosecutors we interviewed.

64. In the past, the three-day domestic abuse accredited prosecutor course included a half-day shadowing with a support organisation such as ASSIST. We heard that this stopped during the pandemic, and has not yet fully restarted. This should be reinstated given how positively both prosecutors and support organisations spoke of it.^[29] Building positive relationships with support organisations and gaining a better understanding of their work is essential given the role they play in so many domestic abuse cases.

65. The domestic abuse e-learning for VIA staff was useful to some extent, but some key information was missing and it would benefit from being updated. Some of the information was available in other e-learning modules for VIA staff, but it would be more helpful if key issues relating to domestic abuse cases were consolidated in one place. The e-learning was not mandatory, but should be. Few VIA officers we interviewed said they had experienced any domestic abuse training which is concerning given that domestic abuse cases make up a substantial proportion of their workload (Recommendation 1(d)).

66. Staff working with National Enquiry Point (Enquiry Point) said they had not had domestic abuse training but would like it. Given that so many of the enquiries they deal with relate to domestic abuse and they are increasingly taking on contact with victims that would previously have been done by VIA (see paragraph 439), training on domestic abuse should be provided.

67. Those who had attended the one-day and three-day domestic abuse courses found them valuable. They developed their understanding of the dynamics of domestic abuse and helped them identify less obvious cases of abuse. One prosecutor said the training had really transformed their thinking on domestic abuse and how they approached their work. Prosecutors who had attended these courses said that all prosecutors dealing with domestic abuse cases should attend.

68. Given the availability of the domestic abuse courses and how positively prosecutors spoke of the benefits of attending, we were surprised more had not done so. Many of the prosecutors we interviewed, who were dealing with domestic abuse cases daily, had only attended the one-hour course. Attendance at the more in-depth courses was limited even among the specialist prosecutors in the Glasgow Domestic Abuse Unit. While they will build knowledge and expertise more quickly due to their focus on prosecuting domestic abuse cases, training would still be helpful. Many said they would like to do the training, but that it was impossible to get away from their daily duties to attend a one or three-day course. Part-time staff said it was particularly difficult to find time for training. VIA officers also told us they struggled to find time to attend training. The current resourcing of summary prosecution and VIA teams was regularly cited as a barrier to staff development. We were concerned that for some of those we interviewed, there was an evident need for more training on domestic abuse (Recommendation 1(c)).

69. Some prosecutors felt that trainee prosecutors were at an advantage because they must complete set courses as part of their traineeship. They said trainees were more readily released from their duties to attend courses. In contrast, solicitors recruited from outside COPFS had more limited opportunities to attend training. Despite the one-day domestic abuse course being mandatory for new prosecutors, that requirement did not always appear to have been fulfilled.

70. Throughout our inspection, we heard about the inexperience of prosecutors in summary teams. More experienced colleagues often move from summary to solemn teams or into specialist units. We heard that inexperienced prosecutors in summary teams have few experienced colleagues from whom to learn. This highlights the need for training and ongoing support from managers to help summary prosecutors to deliver their role effectively.

71. Managers said they were keen for staff to attend training, but that a lack of resources made it difficult to find cover for court work. There was a strong feeling that specialist units are well resourced at the expense of summary teams, leaving summary prosecutors with little time for learning and development. In a recent staff survey, only 56% of local court staff said they can access the right learning and development opportunities when they need to. This was 3% lower than for COPFS overall, and 11% lower than for the civil service generally.

72. Given that addressing domestic abuse is a strategic priority for COPFS and given the volume of summary court business that involves domestic abuse, COPFS should ensure that staff have the necessary skills and knowledge to manage these cases effectively. While attendance rates for some mandatory courses are reported to the Scottish Prosecution College Steering Committee,^[30] in light of the low take-up of domestic abuse courses we found, more should be done to monitor staff learning. We heard that COPFS will introduce a new learning management system in 2024 to allow it to more easily monitor courses and learning plans, which we welcome (Recommendation 1(b)).

73. Since the pandemic, training has largely been delivered online. While this is cost effective and less resource intensive, we also heard that it can inhibit discussion between participants and with the trainer. We were told that a phased return to in-person training commenced recently. COPFS should consider holding the more in-depth courses in person, to encourage participants to ask questions and share the challenges they encounter in their work.

Being trauma-informed

74. In 2023, a knowledge and skills framework for working with victims and witnesses was launched.^[31] This recognised the importance of staff in justice agencies having an understanding of the impact of trauma on witnesses and the appropriate knowledge and skills to do no harm, minimise re-traumatisation and support recovery. COPFS has supported the development of the framework and has committed to delivering a trauma-informed service.^[32]

75. In 2022, COPFS launched a ‘Becoming Trauma Informed’ e-learning module. It covers the psychological impact of trauma and re-traumatisation, and how experiencing one or both might impact a person when they are accessing essential services. The module is mandatory for all staff. We saw reminders being issued to staff about completing the module, and we saw data suggesting that the module has been taken by the majority of staff. Staff who had completed the module felt it had helped them to better understand victim and witness attitudes and behaviour. They found it valuable.

76. However, many of the staff we interviewed seemed unaware of the module and of trauma-informed approaches more generally. Victims and advocacy workers we interviewed felt that some COPFS staff could be more compassionate and empathetic in their contact with victims. They said there could be more understanding of how trauma might affect a victim’s engagement with COPFS and the justice process.

77. We understand that the e-learning module is only the first phase in COPFS supporting its staff to become trauma-informed. Further work is being taken forward via COPFS’s Service Improvement Programme.^[33] We welcome further work in this area as more needs to be done by COPFS to ensure its workforce and processes are trauma-informed. This work will help prepare COPFS for anticipated new duties in this area: the Victims, Witnesses and Justice Reform (Scotland) Bill currently being considered by the Scottish Parliament includes a duty on justice agencies to treat victims and witnesses in a way that accords with trauma-informed practice during and after investigation and proceedings.

Other training needs

78. We asked staff if any other training would help them to manage and prosecute domestic abuse cases more effectively. Prosecutors said they would appreciate more training on how new technologies can be used to commit offences, and how such evidence should be handled. VIA officers, and some prosecutors, said they would welcome more training on how to interact with victims and how best to support victims who are not engaged or at risk of not engaging with the justice process. Staff also said they would like more guidance on dealing with victims and witnesses, particularly child witnesses and those with additional support needs.

79. Several staff said they would like more support in dealing with victims who may be contemplating suicide. Staff felt they were dealing with this more often, and they would like to know more about how best to provide support and advice. We heard that Enquiry Point operators often dealt with such calls and had received training to help those in distress. Some local teams had received similar training, but it was clear from our interviews that there is a need for such training to be available more widely.

80. Staff have access to a 24-hour employee assistance programme and to a vicarious trauma support service, but they also wanted to know about less formal ways of supporting themselves and colleagues after they had dealt with a victim in significant distress or who was contemplating suicide.

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.

Information technology

81. When we asked COPFS staff whether they had the tools to manage and prosecute domestic abuse cases efficiently and effectively, the issue they raised most often was the poor performance of the electronic case management system. They felt that the system hampered their productivity and their ability to do their job well. For example:

• administrative staff described systems as slow and said they crashed often. They experienced problems when trying to update court results on the system or when trying to prepare cases for court
• VIA officers said the system held them back, and contributed to backlogs in their work. They said they sometimes had difficulty even getting into the system
• prosecutors felt the system was inadequate and inefficient, with those who had worked for COPFS for a long time not realising that such poor systems were not the norm in other organisations.

82. All staff spoke of time lost while dealing with system problems. We found our own review of cases was hampered by the case management system stalling or shutting down unexpectedly and repeatedly. In a recent staff survey, only 54% of staff in local court teams said they had the tools needed to do their job effectively. This was 6% lower than for COPFS overall, and 20% lower than for the civil service generally.

83. As well as hampering productivity and significantly affecting how efficiently cases are processed and managed, poor systems affect staff morale. Staff spoke of their frustration at losing and having to redo work. They felt poor systems restricted their ability to provide a better service to victims.

84. We have noted these issues in previous inspection reports. In a report published in 2022, we noted COPFS was aware of the deficiencies of its case management system and was planning to replace the current system.^[34] While we welcome this and appreciate the delivery of a new case management system is a significant task, this work should be expedited. COPFS should not underestimate the daily toll poor systems are taking on staff, their productivity and the service provided to victims.

Digital Evidence Sharing Capability

85. In contrast to poor case management systems that hamper their work, staff were more positive about a new IT initiative. The Digital Evidence Sharing Capability (DESC) is a collaborative programme between the Scottish Government and various justice agencies including COPFS. DESC involves the collection, storage and sharing of digital evidence throughout a criminal investigation and prosecution.

86. Since 2023, DESC has been piloted in Dundee to positive feedback from police and prosecutors. We heard that the quality of images shared via DESC was much improved. By allowing for evidence to be shared more easily and quickly, including with the defence, it is hoped that DESC will contribute to the earlier resolution of cases as well as efficiencies in the justice system.