Prosecutors struggle to meet High Court targets

Prosecutors are struggling to meet their own targets on processing some of Scotland’s most serious cases amid a marked increase in sexual crime.   

The Inspectorate of Prosecution in Scotland has credited the Crown Office and Procurator Fiscal Service with a “strong track record” for managing the 5,000 plus serious cases prosecuted each year within strict time limits in Scots law.

However, a recent rise in serious cases, including a “significant increase” of sexual crimes, as well as ever more complex solemn cases have “impacted on the prosecution service and staff resources”, a report by the Inspectorate has warned.

Only 66 per cent of High Court cases in 2014-15 have so far been indicted – notice of the detailed charges which the accused has to answer – within nine months of first appearance on petition.

The figure falls some way short of the 80 per cent performance target the Crown Office and Procurator Fiscal Service has put in place to ensure that a strict 10 month time limit for High Court bail cases is met.

Failure to comply with this statutory time limit can lead to the case collapsing and the accused unable to be prosecuted on charges brought.

COPFS is, however, meeting the performance target for sheriff and jury cases with 81 per cent of cases indicted within an eight-month target five weeks out from the 2014-15 year drawing to a close.

“By meeting the service of indictment targets, COPFS ensures that all cases are progressed within the time limits,” notes the Inspectorate’s report.

“Indicting within eight months for solemn sheriff cases and nine months for High Court cases provides a comfortable buffer to deal with any difficulties that may arise between indictment and trial. However, as the number of cases being indicted out of target increases, so does the risk.

“An unintended consequence of seeking to meet performance targets is that cases within target are often prioritised over cases where the target has been missed resulting in those cases often being indicted close to the expiry of the time limit.”

In 2013-14, more than half of accused individuals who were indicted outside of COPFS own target were indicted with three days or less of the legal cut-off.

“Part of the rationale for performance targets is to minimise the number of cases being indicted at a late stage,” notes the Inspectorate. “The greater number of cases indicted close to the time limit adds pressure to all those involved with High Court business and affords little margin for error or the unexpected.”

Inspectors have now called on the Crown Office to establish a new “milestone” to indict all High Court bail cases seven days prior to the expiry of the 10 month time limit.

The Crown Office has welcomed the report and its 13 recommendations, which include introduction of a formal reporting regime for solemn cases that fail to comply with statutory time limits.

Inspectors had discovered a “lack of clarity” about where responsibility lies for making sure limits are accurately recorded at each stage of proceedings, as well as “varied and inconsistent” systems for recording and monitoring time limits.

Consideration should be given to amending court rules to allow indictments to be served electronically, said the Inspectorate of Prosecution, while mandatory training on “all aspects of time limits for all legal and administrative staff involved in the investigation, preparation and management of solemn cases” is urged.

A Crown Office spokesman said: "The Crown Office and Procurator Fiscal Service note the Inspectorate’s report and welcome its findings, in particular that COPFS manage the complexity of timebars very well.

"We accept all of the report recommendations, some of which have already been implemented, which will enhance the efficiency and effectiveness of our work.

"We will continue to adapt to change, adopting new approaches in our work and implementing solutions for the future. This includes the use of new technologies, which have already helped us to reduce some costs ensuring as much of our budget as possible is directed towards our frontline staff who continue to work to secure justice for the people of Scotland.”

The COPFS budget for next year has increased by £3.4m - a 1.5 per cent rise in real terms – the spokesman added.