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  4. Report makes time limit recommendations for COPFS

Report makes time limit recommendations for COPFS

24th February 2015 | criminal law

Prosecutors in Scotland have a good record in meeting statutory time limits, but improvements are needed to meet the increasing number and complexity of serious cases, according to a report published today.

The report, a thematic report by the independent Inspectorate of Prosecution for Scotland on the Management of Time Limits by the Crown Office and Procurator Fiscal Service, states that with approximately 5,300 serious cases prosecuted in Scotland each year, "it is noteworthy and to the credit of COPFS that, with a few exceptions, they are managed within the tight time limits that apply in Scots law".

It warns, however that with a recent increase in serious cases and a marked shift towards a higher proportion of sexual crimes, as well as complexity due to new sophisticated investigation techniques, there is increasing pressure on COPFS resources, and additional measures should be put in place to ensure that time limit compliance systems are "effective, comprehensive and robust".

The inspectors found a lack of clarity about who has responsibility for ensuring that time limits are accurately recorded at each stage of proceedings, and "varied and inconsistent" systems for recording and monitoring time limits. There is no national system for managing time limits, and a "proliferation of checking mechanisms often results in unnecessary duplication of work and effort at different stages of the progress of a case", and a risk of discrepancies arising in calculating time limits. Some staff are not fully aware of the legal consequences of missing time limits.

Among its 13 recommendations, the report calls for the introduction of a formal reporting regime for solemn cases that fail to comply with statutory time limits; COPFS exploring with the Criminal Courts Rules Council the amendment of court rules to enable electronic service of indictments on the accused person's legal representative; and a monthly reconciliation of all High Court cases between the High Court Unit at Crown Office and the Federation High Court Hubs. There should also be mandatory training for all legal and administrative staff involved, and clearer definition of the roles and responsibilities of senior managers.

Chief inspector Michelle Macleod commented: “COPFS has a strong record of compliance with statutory time limits, but the combination of an increasing volume of serious cases, the changing profile of serious offending and a greater complexity of such cases, all in the context of reducing budgets, brings challenges for investigators and prosecutors and increases the risk that cases may be lost if time limits are not managed effectively.

"We make 13 recommendations designed to provide assurance that the systems employed by COPFS to ensure compliance with time limits are effective, comprehensive and robust.

"We are pleased that COPFS has accepted all of the recommendations."

Click here to view the report.

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