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2 June 2010

AREA FISCALS GROUP

MINUTES OF MEETING HELD ON 2 JUNE 2010

AT SCOTTISH PROSECUTION COLLEGE, LEGAL HOUSE, 101 GORBAL STREET, GLASGOW

Present:

(Chair)
Lesley Thomson, Area Fiscal, Glasgow

Morag McLaughlin, Area Fiscal, Lothian and Borders

Janet Cameron, Area Fiscal, Lanarkshire

Peter Collings, Deputy Chief Executive

Anne Currie, Area Fiscal, Grampian

Catriona Dalrymple, Interim Area Fiscal, Fife

John Dunn, Deputy Crown Agent

Tom Dysart, Area Fiscal, Tayside

Janice Irvine, Director of Human Resources

Andrew Laing, Area Fiscal, Highlands & Islands

John Logue, Head of Policy

Michelle Macleod, Area Fiscal, Central

Ruth McQuaid, Area Fiscal, Dumfries and Galloway

Scott Pattison, Director of Operations

Geri Watt, Area Fiscal, Ayrshire

John Watt, Area Fiscal, Argyll and Clyde

In attendance:

Mark Howells, Director of Finance

Kevin McArthur, Secretary

Sue Sandeman, Staff Information Manager

Sara Shaw, Secretary

David Spiers, Knowledge Bank Editor

Welcome

1. Lesley Thomson welcomed everyone to the meeting.

2. No apologies were received.

Minutes of Previous Meeting and Matters Arising

3. The minutes of the AFG/ABM meeting held on 5 May 2010 were approved with minor amendments.

4. Lesley Thomson addressed the action points from the previous meeting.

Management Briefing

5. The meeting noted the usual management briefing.

6. In light of the recent decision not to hold a Principal Depute board in 2010/11 the meeting considered the prospect of a review in the deployment of PDs. The meeting agreed that further information would be required before any decision could be made.

Action: Janice Irvine

Area PFs

Operational and Policy Review

7. The meeting noted the usual operational and policy review.

Performance and Workload

8. The meeting noted the usual Performance and Workload papers AFG(10)14 (Healthcheck) and AFG(10)15 (Target Summary) which provided AFG with an overview of the Service's performance against targets and workload and an overall view of the main performance targets from April 2010. During discussion:

a) Geri Watt advised that COPFS is performing well;

b) Geri thanked all areas for their assistance with Glasgow's outstanding marking. She indicated that the response has been stunning. Lesley Thomson echoed Geri's thanks;

c) The meeting noted that our workload is down by 15% on the first quarter of this in comparison to the same period last year;

d) Andrew Laing wondered if COPFS were in a position to use MI Book to provide the performance and workload figures.

Action: Geri Watt

Update on Corporate Portfolios

9. John Dunn provided the meeting with an update on the Complaints against the Police portfolio. He advised that the aspiration is to streamline the processes involved. John agreed to e-mail AFG for comment on the outcomes of the recent meeting with ACPOS on the proposed changes to the guidance.

Action: John Dunn

10. John Dunn provided an update on the progress of new guidance on the certification and authentication of documentary productions. He advised this has yet to be signed off by the Law Officers and indicated there is to be a meeting with the Police on 3 June 2010 to discuss the guidance. He agreed to issue the outcome of the meeting to the members of AFG.

Action: John Dunn

11. The meeting discussed the importance of providing necessary training in the certification and authentication of documentary productions. Andrew Laing agreed to provide John Dunn with a copy of their local Highlands and Islands training package.

Action: Andrew Laing

12. John Dunn reported that the Supreme Court has considered whether a suspect requires access to a solicitor in order to ensure compliance with Article 6 of the European Convention on Human Rights in the case of Cadder v HMA. The Court has indicated that its decision will be issued on 20 October 2010. Revised guidance will be issued to the Police and COPFS for implementation with immediate effect.

13. Anne Currie reported that the Initial Case Processing Forum has been a great success and thanked Areas for enabling their staff to attend the meetings. She advised that project plan is to be issued in the coming weeks and encouraged all staff to share any ICP issues or ideas with the Forum.

Knowledge Bank

14. Lesley Thomson welcomed David Spiers and Sue Sandeman to the meeting.

15. David Spiers introduced a presentation on the proposed improvements to the COPFS Knowledge Bank. During the presentation the following points were noted:

a) The improvements will make information more accessible and readily available to staff;

b) David Spiers encouraged staff to submit information to be shared on the Knowledge Bank;

c) The meeting considered who should be responsible for the upkeep of documents on the Knowledge Bank to ensure the latest releases and updates are available. It was agreed that further consideration should be given to this at Management Board.

Action: John Watt

POCA Mainstreaming

16. Lesley Thomson provided the meeting with an update on the current situation in POCA mainstreaming.

Update on Corporate Portfolios (continued)

17. Geri Watt provided an update on the Victims and Witnesses portfolio. She advised that following a meeting with the Principal Advocate Depute further training will be given on the drafting of vulnerable witness applications at an event to be held on 9 June 2010.

18. The meeting was advised that our practices and procedures in respect of issuing victim statement packs can be improved. Geri agreed to provide AFG with a note of the guidance.

Action: Geri Watt

19. Geri emphasised the importance of advising VIA about closing cases where there is a victim involved.

Action: Geri Watt

20. Scott Pattison advised the meeting that the Law Officers have agreed to delegate authority to Areas to indict Sheriff and Jury cases and that two areas will participate in a pilot.

21. Scott Pattison introduced paper AFG(10)21 which invited members of AFG to note the first draft of the proposed guidance on "Purpose Driven Precognition" and to provide comment via the AFG Forum by the end of June. The contents were noted.

Risk Management

22. Lesley Thomson welcomed Mark Howells to the meeting.

23. Mark Howells introduced paper AFG(10)16 which advised the meeting of the progress made by Senior Risk Owners on the six key corporate risks including the compilation of the COPFS Risk Register.

24. The meeting was advised that the Risk Register has now been fully populated and has been put to the Audit Committee who are content with its contents.

25. The meeting agreed that the register should be reviewed by AFG on a quarterly basis but that each quarter the risks owned by one Senior Risk Owner would be considered in more detail.

Reducing Re-Offending Programme

26. Michelle Macleod introduced paper AFG(10)20 which advised of the request from Criminal Justice Social Work (CJSW) for COPFS to provide summaries of evidence for the purpose of compiling Social Enquiry Reports (SERs) and sought agreement for a pilot to scope and evaluate the provision of summaries of evidence for summary cases. During discussion:

a) The meeting considered the processes involved and agreed that the summary of evidence should be passed to the Sheriff Clerk to forward to the Social Work Departement;

b) Tayside and Highlands and Islands agreed to pilot the scheme for a period of three months.

Financial Outlook

27. Peter Collings provided an update on the current and future financial position for COPFS.

Ad Hoc Fiscals

28. Geri Watt advised that she is in discussion with Area Business Managers on how they intend to phase out the use of Ad Hoc Fiscals.

Communications

29. Lesley Thomson introduced papers AFG(10)17,18 & 19 which updated AFG members on the Media Planner, Media Cases Planner and the Communications Planner. AFG members noted these papers and identified significant items arising from the meeting for inclusion in the March Bulletin

AOB

30. Anne Currie advised the group that she is the lead for the new portfolio on greener issues and encouraged Areas to continue to identify and implement improvements.

AFG Secretariat

2 June 2010