1. Implementation of Lord Advocate's Guidelines on Reporting Racist Crime (and cases in which individuals have particular needs arising from their ethnic, religious or cultural backgrounds) (annual review)

A formal review of the implementation on the guidelines for 7 months between October 2002 and November 2003 was conducted. Similar reviews were also undertaken in 2003 and 2004.

The COPFS independent Equality Advisory Group (EAG) was consulted and the Diversity Proofing Tool used.

The information sought has been refined and the method of publication of these statistics on the COPFS website has been confirmed.

A similar exercise will be carried out towards the end of 2006.

As an ongoing monitoring exercise, quarterly reports are submitted to the Legal and Policy Forum.

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2. Complaints against the police/policy and practice review/race equality audit

Policy is currently being re-written. Revised version will be Diversity Proofed in early 2006.

Impact Monitoring will be considered during the review of this policy.

3. Deportation and Immigration issues

Revised Crown Office Circular on Deportation Issued July 2006

Submitted to EAG to assess impact of cultural or religious issues that may arise from questioning either by the police or Immigration and Nationality Directorate or from the court process.

Consultation with police, the Immigration and Nationality Directorate and the SE.

Other diversity issues covered in existing guidance on translation

Circular amended to address gender issues and assurances given to address status of civil partners.

Impact monitoring - July 2007

To be assessed using the COPFS Impact Monitoring Form

4. Investigation of crime, Case-marking and Precognition - Chapters 2, 3 and 4 of the COPFS Book of regulations

Current guidance. No plans for review

Diversity proofing tool used. Diversity issues covered in existing diversity guidance.

None

Continuous. A formal review will be carried out by the end of 2006.

5. Policy on Bail - chapter 8 of the Book of Regulations and relevant circulars

Policy currently under review. New guidance to Procurators Fiscal to be issued in spring 2006. Will be diversity proofed.

Impact Monitoring will be considered during the review of this policy.

6. Policy and practice on Misuse of Drugs

Current guidance. Elements of policy will be reviewed as part of summary justice reform programme in early 2007.

Diversity proofing tool used. Diversity issues covered in existing diversity guidance.

Impact Monitoring will be considered during the review of this policy.

7. Policy and practice on Road Traffic matters

Current guidance. Elements of policy will be reviewed following enactment of forthcoming UK legislation

Diversity proofing tool used. Diversity issues covered in existing diversity guidance.

Continuous monitoring at area level.

Monitoring exercise to be carried out by end of 2007.

7.1 Driver improvement scheme

Current guidance to Procurators Fiscal and the police

Referred to EAG

Changes to terminology used in guidance and availability of translating services confirmed

Evaluation will take place when current service provider contract expires in April 2007.

8. Policy and practice on search warrants

Current policy and instructions to the police

A summary will be sent to the EAG.

On-going impact monitoring at local level.

9. Investigation of deaths (building on the review in 2002 by departmental Race team) and proofing of Chapters 12 and 13

Chapter 12 is currently being re-written. Chapters 12 and 13 will be diversity proofed at the same time (early 2005).

The drafts of the new Chapter and Manual have been reviewed by the EAG.

Changes to terminology. Consideration of the use of the "hierarchy" at section 45 of the Human Tissues (Scotland) Bill to assist in identifying the next of kin.

An Impact Assessment will be carried out in the autumn of 2006.

10. SEPA/COPFS Protocol

Guidance to specialist prosecutors and SEPA - published 20 June 2006.

Diversity proofing tool used. Diversity issues covered in existing diversity guidance.

None

Regular review by users and SEPA/COPFS liaison.

11. Disclosure Practice Guidance

Interim guidance available to procurators fiscal, which is currently under review. Full guidance due to be issued by the end of 2006 and this will be diversity proofed

Development of the full guidance will include use of the proofing tool

Impact Monitoring will be considered during the review of this guidance

12. Terrorism Guidance

New guidance issued July 2006: 'Guidelines on the detention, treatment and questioning of persons by police officers arrested under section 41 and schedule 8 of the terrorism act 2000.'

Assessed internally using Diversity Proofing Tool

Submitted to EAG for further impact assessment

Minor changes to guidance and links to existing policy and guidance eg on use of interpreting services

Impact Monitoring will be considered during the review of this policy - July 2007

13. Summary Justice Reform

Policy and practice as part of reform programme to be developed prior to implementation commencing 2007. Will be diversity proofed as policy/practice develops.

Early consideration by EAG in November 2006, plus consultation with specialist organisations in relation to vulnerable accused.

Several issues raised about disabled accused and these are being considered further by COPFS and will inform our response to SE.

Impact Monitoring will be considered during the review of this policy and practice.

14. Rail Accident Investigations Bureau Regulations Protocol

Guidance to Procurators Fiscal issued December 2005.

None

Will be reviewed by the end of 2006.

15. Development of HSE Protocol

Diversity proofing tool used. Diversity issues covered in existing diversity guidance.

To become effective 3 October 2006 and will be reviewed October 2007

16. Forensic Pathology - Procurement of forensic and non forensic pathology

services from 1 April 2006.

Contracts with the Universities of Aberdeen, Dundee and Glasgow now in place. Further negotiations ongoing with a view to awarding the remaining contracts as soon as possible.

SE procurement processes followed which are designed to ensure fair, open and transparent competition without any form of discrimination.

N/A

Continuous monitoring at Area level. Additionally, the contracts require annual performance review meetings, with quarterly meetings as required.

17. Reporting of cases involving antisocial behaviour

Current operational guidance to procurators fiscal and the police currently under review. Will be reissued in early 2006 and will be diversity proofed.

Impact Monitoring will be considered during the review of this guidance.

18. Sporting events

Current operational instructions to the police

Diversity Proofing Tool used. Diversity issues covered in existing diversity guidance. To be considered by the EAG during 2006.

Will be reviewed by the end of 2007.

18.1 - Football Banning orders

Circular issued Sept 2006

Assessed using DPT

no significant impact noted

N/A

19. Prosecution of offences involving attacks on emergency workers

Current guidance to Procurators Fiscal. No plans to review.

None

N/A

Impact of first year in force will be assessed in August 2006.

20. Conduct of Visual Identification Procedures

Current operation guidance to the police

Diversity proofing tool used. Diversity issues covered in existing diversity guidance.

None

Will be reviewed by the end of 2006.

21. Prosecution Code

Publication available under Publication Scheme. No plans to review.

Diversity Proofing Tool used. Diversity issues covered in existing diversity guidance.

This code will be continually monitored.

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2. Ultimus Haeres - Review of working practices of QLTR

Revised chapter 13 of COPFS Book of Regulations

Submitted to EAG in November 2006 for impact assessment

Comments relating to The Family Law (S) Act being considered by QLTR

23. Crown Office Circular on the Animal Health and Welfare (Scotland) Act 2006

Placed on the COPFS Intranet on 6 October 2006

Consulted with VDPDD and submitted to the Equality Advisory Group

No alterations made

An Impact Assessment will be carried out in the October 2007.

24. Test Purchasing of alcohol by minors

Pilot being set up for Fife Police Area.

Diversity issues being explored by the Enforcement Group and relevant documents (e.g. protocol and pilot proposal) are being diversity proofed using diversity proofing tool.

The pilot will be closely monitored and assessed and diversity issues will be considered as part of the monitoring process.