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  4. Inspector of prosecution warns of years of COVID delays

Inspector of prosecution warns of years of COVID delays

22nd December 2020 | criminal law | Criminal court work

The COVID-19 pandemic will place significant additional demand on the Crown Office & Procurator Fiscal Service for years to come, the Chief Inspector of Prosecution in Scotland has reported.

Writing in the foreword to the Inspectorate's annual report for 2019-20, Laura Paton, the Chief Inspector, states that modelling has shown that it may be several years before the backlogs are addressed. "This will have significant consequences for victims, witnesses and the accused in cases awaiting trial and risks damaging public confidence in the criminal justice system. It will also have significant consequences for the work of COPFS for some time to come."

She also notes that there will be "further significant demand" on the resources of COPFS in relation to its role in the investigation of deaths in Scotland. As the Lord Advocate directed in May that deaths where the deceased may have contracted COVID-19 in the course of their employment or occupation, and deaths where the deceased was resident in a care home when the virus was contracted, should be reported to the Crown, "there will understandably be significant public interest in the outcome of those investigations". A dedicated unit has been established within COPFS to investigate such deaths. 

Other ongoing challenges include an increase in reports of serious sexual offending and major crime, both of which require expert resource to investigate and prosecute appropriately, and an increased volume and complexity of evidence across all COPFS's casework as a consequence of the expanded use of social media and electronic communication.

"Had it not been for the pandemic, COPFS would arguably have been better placed to meet those challenges than ever before having secured additional resource to better meet demand and having been able to increase its number of staff to its highest ever level", Ms Paton comments.

She continues: "While such investment is welcome, further support will be required to help COPFS meet the significant, additional challenges resulting from the pandemic. Moreover, COPFS is one component in a wider criminal justice system and it is essential that the system in its entirety works effectively – this includes policing, prosecution, defence, courts, prisons, criminal justice social work and the voluntary sector. Improvements and investment in one area will not produce the desired outcome if not matched system-wide."

However she concludes that the pandemic has also brought opportunity, and has "acted as a catalyst or accelerator for much needed modernisation of the system".

The report contains details of the thematic inspections carried out during the year, including the follow-up review of the investigation and prosecution of sexual crime, which resulted in further recommendations relating to victim strategy. 

The inspectorate's current work includes a joint inspection with HM Inspectorate of Constabulary in Scotland of the emergency criminal justice provisions introduced in response to the pandemic, and an inspection of the management by COPFS of criminal allegations against the police.

Click here to view the report.

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