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  4. Flat cash settlement a risk to justice system: inspector

Flat cash settlement a risk to justice system: inspector

28th November 2022 | criminal law | Criminal legal aid

The Scottish Government's proposed "flat cash settlement" for the justice system risks impeding its recovery from Covid, the Chief Inspector of Prosecution in Scotland has warned.

Introducing her annual report for 2021-22, Laura Paton said the budget proposals would bring "increasing delays across the system with the consequent impact on victims, witnesses, next of kin and the accused", and risk limiting the ability of COPFS to sustain progress made in recent years.

"In short, there is a real risk that, despite best efforts, the aspirations for a person-centred, trauma-informed justice system as set out in the Government's Vision for Justice in Scotland would be just that – aspirations, rather than the transformative change that is needed."

Ms Paton recognises that COPFS has received recent, significant increases in funding have been welcome, but observes that these were intended to meet not only the additional demands arising from Covid, but changes in the profile and complexity of its casework, an increase in staffing costs due to efforts to ensure pay parity with Government lawyers, and remedying past underfunding.

The flat cash settlement was proposed in May 2022, prior to the current cost of living crisis and inflationary pressures. It allocates £170m to COPFS in 2023-24 and each of the three subsequent years. 

On the work of the inspectorate, the Chief Inspector records the publication during the year of an inspection of how COPFS manages criminal allegations against the police, and the beginning of two new inspections, on COPFS practice in relation to ss 274 and 275 of the Criminal Procedure (Scotland) Act 1995 (published since the year end), and a joint review of diversion from prosecution, conducted with HM Inspectorates of Constabulary and Prisons and the Care Inspectorate, work on which is ongoing. 

View the report here.

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