Thematic report on the management of time limits

1. The independent public prosecution service in Scotland.

2. Release from custody of an accused person until the trial or next court hearing.

3. Term used to describe a case that cannot proceed due to the expiry of the statutory time limit.

4. Source: COPFS: Statistics on Case Processing 2011-2014.

5. A Unit that provides statistical analysis and information.

6. COPFS information database containing legal and non-legal guidance.

7. A body established under s304 of the Criminal Procedure (Scotland) Act 1995 to review the procedure and practices of the courts exercising criminal jurisdiction in Scotland and assist the High Court in the discharge of its court procedural rule-making function.

8. Level of court proceedings.

9. Crown Counsel are appointed by the Lord Advocate to prosecute all cases in the High Court and present appeals in the Appeal Court.

10. Band G and above.

11. Criminal Procedure Act 1701.

12. Strategic Plan 2015-2018.

13. The Headquarters of COPFS.

14. Report on the Thematic Review of Custody Time Limits, published September 2002 and Report on the handling of custody time limits by the CPS, published March 2010.

15. In Glasgow, there are also Stipendiary Courts and Stipendiary Magistrates. Stipendiary Magistrates are legally qualified and have the same sentencing powers as a Sheriff in summary proceedings.

16. S64 of the Criminal Procedure (Scotland) Act 1995. The prosecution service is headed by the Lord Advocate assisted by the Solicitor General collectively known as the Law Officers.

17. Criminal Procedure Act 1701 (c.6); see also Herron v A.B.C. & D., 1977 S.L.T.(Sh.Ct.) 24.

18. S65 of the Criminal Procedure (Scotland) Act 1995.

19. S65 of the Criminal Procedure (Scotland) Act 1995.

20. S65 (4)(a) of the Criminal Procedure (Scotland) Act 1995.

21. S72 of the Criminal Procedure (Scotland) Act 1995.

22. S65(4)(aa)(i) of the Criminal Procedure (Scotland) Act 1995.

23. S66(6)(b) of the Criminal Procedure (Scotland) Act 1995.

24. S72A(1) of the Criminal Procedure (Scotland) Act 1995.

25. S65(4)(aa)(ii) of the Criminal Procedure (Scotland) Act 1995.

26. S65(4)(a) and (aa) of the Criminal Procedure (Scotland) Act 1995.

27. S65(1) and s66(6)(b) of the Criminal Procedure (Scotland) Act 1995.

28. S66(6)(6)(b) of the Criminal Procedure (Scotland) Act 1995.

29. S65(1)(a), unless the hearing has been dispensed with under s72B of the of the Criminal Procedure (Scotland) Act 1995.

30. S65(1)(b) of the Criminal Procedure (Scotland) Act 1995.

31. S65(1A)(a) and (b) of the Criminal Procedure (Scotland) Act 1995.

32. S65(4)(a) of the Criminal Procedure (Scotland) Act 1995.

33. A designated period of time during which a number of cases are listed for trial.

34. S71 of the Criminal Procedure (Scotland) Act 1995.

35. S66(6)(a) of the Criminal Procedure (Scotland) Act 1995.

36. S65(4)(b) of the Criminal Procedure (Scotland) Act 1995.

37. S65(4)(a)and(b) of the Criminal Procedure (Scotland) Act 1995.

38. S65(1)(b) of the Criminal Procedure (Scotland) Act 1995.

39. S66(6)(a)(ii) of the Criminal Procedure (Scotland) Act 1995.

40. S65(1A) (a) and (b) of the Criminal Procedure (Scotland) Act 1995.

41. S65(1)(b) of the Criminal Procedure (Scotland) Act 1995.

42. Brown v HMA 1988 SCCR 577, Lockhart v Robb 1988 SCCR 381 (Sh.Ct).

43. Released from prison at an earlier date than the full period of the sentence subject to certain conditions.

44. S17 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

45. S102A(13) of the Criminal Procedure (Scotland) Act 1995.

46. In computing the timescale of any extension, the extended period runs from the expiry of the original 12 month period, not from the date upon which the motion for extension is made.

47. HM Advocate v Lauchlan 2010 SCCR 347.

48. HMA v Fitzpatrick 2002 SCCR 758.

49. S65(8) of the Criminal Procedure (Scotland) Act 1995.

50. Rules 2.2 and 2.2A Act of Adjournal (Criminal Procedure Rules) 1996.

51. As defined by S307 (1) of the Criminal Procedure (Scotland) Act 1995. Includes police and prison officers.

52. S66 of the Criminal Procedure (Scotland) Act 1995 and Rules 2.2 and 2A of the Act of Adjournal (Criminal Procedure Rules) 1996.

53. S66(4)(b). The notice specifies the date on which it was affixed, which police station the accused may collect the copy indictment from and calls on the accused to answer the indictment at a specified diet.

54. S66(6)(C)(a) and (b) and Rule 2.2A of the Act of Adjournal.

55. Failure to serve the indictment timeously, for example without giving the requisite 29 clear days notice, is not fatal but it may give rise to a civil claim and would entitle the accused to bail.

56. Introduced on 1 February 2005.

57. The Digital Strategy for Justice in Scotland: Published August 2014.

58. Initial decision-making, Summary, High Court and Sheriff and Jury business.

59. Comprises of the Crown Agent and the four Federation Heads. The Chairs of the Operational Boards attend as required.

60. Comprises of the Law Officers and the Crown Agent. The Chair of the Audit and Risk Committee, the Chair of the Equality Advisory Group and the Senior Executive team (the four Federation Heads) also attend.

61. High Court or Sheriff and Jury.

62. There are two pathway documents - one for Sexual offences and one for Homicides and Serious Crime.

63. Prosecutions held in the Sheriff or Justice of the Peace Court before a judge without a jury.

64. The Independent Review of Sheriff and Jury Procedure by Sheriff Principal Edward F Bowen CBE TD QC.

65. MR v HMA, 2013 SCCR 190, HMcA v HMA[2014]HCJAC 41.

66. Page 12, Paragraph 35.

67. Scottish Court Service Court Case Enquiry.

68. Lyle v HMA 1991 SCCR 599.

69. Early v HMA 2006 SCCR 583 at (Para 30).

70. Following a successful proof of concept on the use of tablet devices in court, COPFS intends to roll out a bespoke tablet that will enable prosecutors to access case papers in court on screen.

71. A bespoke training facility for prosecutors.

72. Source - COPFS management information July 2014.

73. Excludes National Federation cases. The number of cases placed on petition and those prosecuted each year will not equate as some cases against the same accused will be linked and taken forward as one case and following investigation some cases will be discontinued due to insufficient evidence or because proceedings are no longer deemed to be in the public interest or summary proceedings are considered to be more appropriate. There is also a time lag between receipt of a case and final disposal.

74. Source - COPFS management information.

75. Source - COPFS management information as at 31 Oct each year.

76. Source - COPFS management information.

77. Data is recorded by subject ie accused persons.

78. February 2015.

79. As shown in table as 'Amended 80^th & 110^th days'.

80. Source - COPFS MIU.

81. Police Scotland Management Information 2013/14.

82. Crimes where reporting has not taken place for a year or more.

83. As at 29 October 2014.

84. 99 persons: Source - MI Book.