Copfs Responses to the Evolving Nature of Crime

Copfs Responses to the Evolving Nature of Crime

COPFS Fact Sheet 3

October 2016

COPFS RESPONSES TO THE EVOLVING NATURE OF CRIME

This note describes a range of activities that COPFS is undertaking to respond to the changing nature of crime.

Victim Strategy- Sexual Offences

Communication with Victims (Pre-2014)

1.In recognition that it is an important function of the precognition investigation to discuss the investigation and prosecution process with victims and, as part of that, to provide victims with an opportunity to ask questions a Communication Strategy was agreed for serious sexual offence cases.

2.Under this Communication Strategy three main areas were identified where the VIA Officer would provide information to a victim:

  • Information about the precognition investigation and decision-making process, including the fact that the police may ask them for a supplementary statement;
  • Information about the trial process; and
  • Information about the possibility of defence precognitions.

3.The precognoscer/case preparer would also provide information to the victim on more substantively legal matters such as:

  • The policy on character and sexual history evidence;
  • The policy on sensitive personal records;
  • The defence of consent (where applicable); and
  • Non-harassment Orders.

Victim Strategy (High Court Sexual Offences)

4.In May 2014, to complement the general Communication Strategy outlined above, COPFS introduced bespoke Victim Strategies for each victim in every High Court sexual offence case based on information provided by the police.

5.The purpose of the Victim Strategy is to:

  • Ensure early communication with victims;
  • Ensure that victims have an understanding of the investigation process;
  • Manage victim’s expectations;
  • Ensure there is early liaison between the prosecutor and the police, and in particular to raise awareness at the outset of any issues that may influence the victim’s engagement with the criminal justice process and consider any additional support that may be required;
  • Ensure early and continuous liaison between the prosecutor, case preparer and VIA;
  • Provide a clear strategic approach to any early meeting with the victim and any precognition interview which forms part of the Investigative Agreement; and
  • Provide a clear strategic approach to the processes where no action/no further action decisions are to be taken.

Victim Right to Review (VRR)

6.The Victim and Witnesses (Scotland) Act 2014 provides in Section 4 that the Lord Advocate must make and publish rules about the process for reviewing, on the request of a person who is or appears to be a victim in relation to an offence, a decision of the prosecutor not to prosecute a person for the offence. The rules could include:

  • the circumstances in which reviews may be carried out;
  • the manner in which a request for review must be made;
  • the information that must be included in a request for review,
  • the matters to be taken into account by the Lord Advocate when carrying out reviews; and
  • the process to be followed by the Lord Advocate when carrying out reviews.

7.The rules were published on 1 July 2015 which is also the date from which victims are allowed to request reviews of decisions.

8.In the first year since the right to review was introduced, there have been 139 requests for a review. Work is ongoing to analyse the figures and more detailed information will be published before the end of 2016.

Expanded Training for Prosecutors

9.The changing profile of crime has led to changes being made in the training we provide to better enable staff to handle the casework. This includes the following training courses focussing on victims and witnesses:

  • Victims and Witnesses Course: This course is compulsory for all procurator fiscal deputes in their first two years of their service and it is also open to all staff;
  • Case Marking courses- during these course delegates are informed of the case marking options and what action to take when it involves a vulnerable victim/witness i.e. referral to VIA;
  • Evidential Interviewing of Children;
  • Valuing and Managing Difference;
  • Mandatory ELearning for all Staff- all staff are required to complete a suite of eLearning modules under the umbrella of Equality and Diversity;
  • Advocacy Training- advocacy training has sections which focus on taking evidence from vulnerable domestic abuse complainers and from children; and
  • Specialist courses on Domestic Abuse, Stalking and Sexual Offences which also incorporate training on victims and witnesses.

10.COPFS also has a depute accreditation process to ensure that all new procurator fiscal deputes achieve a consistent and recognisable level of competence. During the two year accreditation period, deputes collate and record evidence of their achieving the core competencies of a competent depute and undertake a series of mandatory courses, as well as exposure to work in different areas of the Service.

Increase in Specialist High Court Prosecutors

11.In 2009/2010 there were 31 Advocate Deputes with 6 of those in National Sexual Crimes Unit (NSCU). In 2015/2016 there are now 37 Advocate Depute with 17 of those in NSCU.

Witness Website and Expanding use of Text Message Alerts

12.At present, witnesses in the criminal justice system have no way of accessing the information they have given in a case without personal contact with either the police or COPFS.

13.Work is underway to develop a public Witness Website that allows for the secure posting by COPFS of information for witnesses. It will also allow for the secure provision of information by witnesses and victims, such as change of address, and general enquiries. The website will provide witnesses with:

  • secure access to their statement;
  • the opportunity to see their particular case progress online; and
  • the opportunity to ask questions online.

14.We are also expanding the use of SMS and email to alert witnesses and victims about trial dates and case outcomes. It is hoped that this will result in:

  • More witnesses attending court;
  • Less trials being adjourned due to non-appearance of witnesses;
  • Less requirement to countermand and recite witnesses; and
  • Less inconvenience for victims and witnesses attending court.

15.We are trialling a National Enquiry and Advice Service that receives and deals with all correspondence in summary cases.

International Cooperation Unit

16.The International Co-operation Unit (ICU) functions as the Central Authority in Scotland for all aspects of international criminal co-operation. It handles all incoming and outgoing extradition cases and deals with all incoming and outgoing requests for mutual legal assistance (MLA), other than those enquiries passing between police forces for the purposes of gathering criminal intelligence. ICU aims to serve as a centre of excellence and as single point of contact. ICU is based in Edinburgh and has eight staff split into two teams (extradition and MLA) each headed by a Principal Depute. The Head of Unit is Assistant Member for the UK to the European Judicial Co-operation Unit (Eurojust) in The Hague and COPFS has a permanent presence there in the form of first-year trainee solicitors. The volume of cases that have international aspects is on the increase.

Cyber and cyber-enabled crime

17.For some years now COPFS has had a National Lead Prosecutor for Cybercrime. There is also a Policy Portfolio Holder who, along with the National Lead Prosecutor, provides a point of contact for Police Scotland and provides guidance for COPFS staff on cybercrime issues when required. There are regular meetings with Police Scotland to discuss issues arising from Cybercrime and there has been work completed in recent years on improving the process for requesting analysis of digital media and the changing of the indecent images classification standards. Current issues being explored include the seizure, retention and return of digital devices, the extent of examination in child sexual exploitation cases, and the possible requirements for warrants and admissibility of cloud-based storage. The national lead also provides case-specific advice to the police. One recent example of a successful prosecution involves the conviction for the supply of controlled drugs using the so-called “dark web”, which allows online users to browse websites anonymously and securely without being monitored.

COPFS
October 2016

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