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COPFS

COPFS staff – Criminal Offences R015862

Thank you for your request dated 12 April 2017 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:

"I wish to request information contained in how many Crown Office staff have been charged with criminal offences (and what were the charges), how many have been prosecuted (on what charges and what was the verdict), or had criminal charges or prosecutions against them dropped in the past two years."

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 consideration by independent Crown Counsel and their instructions on whether or not to take proceedings:

http://www.copfs.gov.uk/images/Documents/Prosecution_Policy_Guidance/Book_of_Regulations/Book%20of%20Regulations%20-%20Chapter%201%20-%20General.PDF

Since 1 May 2015, we retain records of 9 cases reported to COPFS containing allegations of criminal offences by COPFS staff. The charges reported include road traffic offences, breach of the Criminal Justice and Licensing (Scotland) Act 2010; assault and vandalism.

5 cases were dealt with by Direct Measures. Direct Measures include Fines, Warning Letters and Diversion schemes. Direct Measures are a proportionate prosecutorial response to lower level offences.

Criminal proceedings were raised in 4 cases. 3 of the cases related to Road Traffic Act offences. One case related to charges of assault and vandalism.

Of the 4 cases in which proceedings were raised, 2 cases resulted in a guilty verdict, 1 case was discontinued by the Court and 1 case discontinued by COPFS. COPFS has a continuing duty to keep all cases under review, to consider carefully all available information and evidence and ensure that proceedings remain in the public interest.