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Allegations Of Criminality (R008736)

Freedom of Information: Allegations Of Criminality (R008736)

Thank you for your e-mail of 2 October 2014 under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you seek the following information:

(1) Please provide details of the number of allegations of criminality against Procurators Fiscal. What the allegations were. What the disposals were and how many are currently being investigated. Of those currently being investigated when were the complaints received, from which division of Police Scotland or station in Police Scotland. Of those currently being investigated how many have the involvement of the Director of Serious Crime of their department. 

(2) How many allegations of criminality received from Police Scotland and currently being investigated are being directed by COPFS. How many requests for information have been received from Police Scotland for information from COPFS in relation to these and when were they made. Of these requests how many have been complied with and how many still await responses and from which department in COPFS.

Please provide the foregoing information broken down for the following 2012, 2013, and 2014.”

I attach a link to Paragraph 1.11 of the Book of Regulations which is published on the COPFS website which outlines how cases in which members of staff of the Procurator Fiscal Service are dealt with by COPFS where they are an accused, or potential accused. As you will note all such cases are reported to Crown Office for Crown Counsel’s instructions on whether or not to take proceedings. 

Please find the information requested at Annex A.

In relation to part 1 of your request please note that I have included all cases reported to Crown Office against Procurators Fiscal and Procurator Fiscal Deputes.

In 2012 there were two reports of criminality. One was for a speeding offence which was prosecuted in the Justice of the Peace Court.  The second case was a contravention of section 172 of the Road Traffic Act 1988 – failure of keeper to identify the driver - and was disposed of by way of a fixed penalty issued by the Procurator Fiscal. 

In 2013 there were three reports of criminality all under the Road Traffic legislation. The first related to an allegation a contravention of section 99 of the Road Traffic Act 1988 of failing to update details on a driving licence, where no action was taken. This decision was taken after a careful review of all the facts and circumstances of the failure to update the details along with the fact that a fixed penalty issued by the police for a related road traffic matter had been paid and points had been added to the accused’s licence for the related offence. The second related to an allegation of failing to observe a red light in terms of section 36 of the Road Traffic Act 1988 which was disposed of by way of a fixed penalty issued by the Procurator Fiscal. The third related to a contravention of s.1A of the Road Traffic Act 1988 – causing serious injury by dangerous driving – which was prosecuted in the Sheriff Court.

In 2014 there was one report of criminality relating to an allegation of speeding. This was prosecuted in the Justice of the Peace Court.

I can further advise there are no allegations against Procurator Fiscals or Procurator Fiscal Deputes currently being investigated. 


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