Crown Office and Procurator Fiscal Service

25 March 2009

CROWN OFFICE AND PROCURATOR FISCAL SERVICE WELCOME THE THEMATIC REVIEW BY THE INSPECTORATE OF PROSECUTION IN SCOTLAND ON THE USE OF FISCAL FINES

The Crown Office and Procurator Fiscal Service has welcomed the findings of the
Thematic Review on the Use of Fiscal Fines which was today published by the Inspectorate of Prosecution in Scotland.

"We welcome this review and its findings which confirm that the Crown Office and Procurator Fiscal Service has implemented the new fiscal fines as intended by the Scottish Parliament.

"This was a large scale exercise with almost 1,500 separate cases being scrutinised. The report makes a very helpful contribution to understanding the way in which prosecutors are successfully implementing the Summary Justice Reforms.

"We note that the Inspectorate commends our provision of detailed guidance and training. The Inspectorate concluded that in five cases of assault for which a fiscal fine was issued, prosecution would have been appropriate. These five cases predated the issue of revised guidance to prosecutors in October 2008 and the Inspectorate is satisfied that the new guidance would exclude the use of a fiscal fine in such cases in future. The Chief Inspector praises the practice we have introduced of senior prosecutors reviewing all fiscal fines for assault to ensure compliance with the revised guidance.

"The Inspectorate has made three recommendations in relation to the use of fiscal fines all of which have been accepted by the Lord Advocate: the first relates to providing clarification on aspects of the guidance, the second to the circumstances when a fiscal fine might be offered notwithstanding that the accused is subject to a court order and the third that 100% audit of fiscal fines for assault be continued."