Minutes of the Leadership Board: 20 August 2026

Meeting Held on 20 August 2026 10:30am – 13:00pm at Conference Room 1, Crown Office

Board Members Present

Yvette Greener, Chief Operating Officer (Chair)

John Logue, Crown Agent and Chief Executive Officer

Lindsey Miller, Deputy Crown Agent and Legal Director Local Court

Katrina Parkes, Legal Director High Court

Stephen McGowan, Legal Director Litigation

Marlene Anderson, Director of Finance, Procurement and Estates

Sarah Carter, Director for People

Laura Buchan Legal director for Deaths Investigations

In Attendance

Rosie Elder, Deputy Director for People (for Sarah Carter)

Frances Ross, National Casework Stabilisation Lead

Conor Quinn, Head of Corporate Governance and Business Planning

Katie Woods, Head of COO’s Office

Rachele Comrie, Senior Business Partner – Performance (Item 4 only)

Lindsey McIntosh, Director of Performance and Service Improvement

Jenny Stewart, Director of Transformation and Change 

Rahul Singh, Chief of Staff

Rachael Weir, Director of Policy and Engagement

Jonathan Shebioba, Head of Business Management Local Court

Gavin Anderson, Head of Business Management Deaths Investigations

Blair Heary, Group Head of Communications

Crawford Goldie – Corporate Risk Manager (Item 3 only)

Secretariat

Matthew Beattie, Corporate Governance Manager 

Fiona Hart, Governance Officer

Apologies

Thomas Lindie, Head of Business Management National Casework

1.1 The Chair welcomed attendees to the meeting and noted apologies received.

2.1 The Board reviewed and approved the minutes of the previous meetings.

2.2 The Board reviewed the Action Log, agreed the closure of completed actions and noted the updates provided on remaining actions. The board noted that action 45 (sickness absence analysis) remained on track and was due to be presented at Leadership Board next month (September). AI security assurance work remained on schedule, with an update expected in early September. Issues identified through project reviews had been incorporated into project plans.

Decision: Actions 40, 42, 44, 46 and related completed actions were closed.

3.1The Corporate Risk Manager presented the quarterly risk update. The Board noted that ten corporate risks were currently recorded, with eight rated red and two rated amber. The overall risk direction remained stable against the last report. The risk identification across business areas had improved and a series of workshops had taken place since the last review of the corporate risk register to improve consistency of scoring and controls. It was noted that the Audit and Risk Committee (ARC) welcomed progress in risk management but requested clearer evidence of the effectiveness of mitigating actions and controls.

3.2 The Board discussed the distinction between risks and issues, workforce capacity and wellbeing risks, particularly in relation to ongoing operational pressures associated with case volumes and time-bar management. The Board also reflected on the need for clearer links between risk indicators, controls and organisational performance. Members highlighted the importance of demonstrating whether mitigation activity was delivering measurable improvements. The Board also discussed whether any emerging risks were absent from the register, including future operating model risks and estates, climate and business continuity risks.

Action: Corporate Risk Manager to review the operational and corporate risk registers and consider separating estates and business continuity risks where appropriate.

Decision: The Board noted the report and endorsed continued development of risk management reporting and assurance arrangements.

4.1 Finance Update: The Director of Finance, Procurement and Estates presented the latest financial position. The Board noted a forecast overspend of £2.5 million for 2026-27 and that the forecast had deteriorated by approximately £200,000 since the previous month. However, it was noted that non-staff expenditure remained below budget and was helping offset financial pressures and that the Senior Leaders Group had been convened to explore further options to reach a path to balance. Capital expenditure remained on track and forecast to break even.

The Board discussed opportunities to reduce costs, including expert witness expenditure, the importance of monitoring the position closely at the half-year point and preparations for the 2027-28 budget planning exercise.

Action: Senior Leaders Group to identify further opportunities to reduce expenditure and improve financial sustainability.

Decision: The Board noted the financial position.

4.2 Performance Report: The Senior Business Partner for Performance, presented the performance report. The Board noted that most functions remained at amber status, with National Casework remaining red albeit continuing to increase reported cases and indictments against a backdrop of increasing demand. Local Court performance remained stable, however, NICP backlog levels remained significant at approximately 20,000 cases. Recruitment delays and sickness absence continued to impact performance across the service.

4.3 Members discussed demand growth across the justice system, productivity improvements within Local Court and National Casework and future opportunities to streamline processes and improve efficiency.

Decision: The Board noted the performance report.

5.1 The Chief of Staff and the Director of Policy presented an update.

The Board noted the work followed Malcolm McMillan's independent review of the roles and functions of the Law Officers and that Scottish Ministers have agreed to establish an independent commission. The Board agreed that, in line with the Civil Service Code, COPFS would provide objective and impartial advice and evidence to support decision makers in their deliberations.

The Board discussed potential implications for COPFS staff and organisational arrangements, the importance of maintaining prosecutorial independence and the need for COPFS to support informed debate.

Action: Crown Agent and Chief Executive's Office to circulate Malcolm McMillan's report to Board members. Chief of Staff forwarded on this report to all in attendance.

Decision: The Board noted the update and agreed to receive further reports as the commission's remit develops.

6.1 The National Casework Stabilisation Lead presented an update on stabilisation activity. The Board noted that a revised approach had been developed following discussions with SET, Law Officers and Crown Counsel. The plan aims to manage the projected High Court indictments between October 2026 and March 2027 through earlier decision making.

6.2 Caseload audits indicated attrition levels were broadly consistent with normal expectations. The approach is expected to reduce but did not eliminate operational pressures with workforce wellbeing remaining a significant concern.

Members discussed risks associated with case preparation volumes, the need for contingency plans should projected reductions fail to materialise, the operational impacts on Local Court and other functions, and communication with staff and stakeholders. The Board agreed that wellbeing and workforce capacity risks required close monitoring.

Action: National Casework leadership team to complete caseload modelling and provide updated projections and risk assessments.

Action: National Casework leadership team to continue monitoring workforce wellbeing and report emerging risks.

Decision: The Board noted the update and endorsed the revised stabilisation approach.

7.1 The Head of Business Management for Deaths Investigations presented the paper. The Board noted significant progress had been made in reviewing and categorising COVID-related death investigation cases. It was noted that the revised team structures and processes were improving productivity and the KPI relating to initial decisions on care home deaths remained achievable by year end. Some work would continue beyond the current funding period, including investigations, FAIs and prosecutions. The Board welcomed progress and recognised the positive impact of process improvements.

Action: Head of Deaths Investigation and Improvement to provide additional reporting on projected case progression and residual workload to support future funding discussions.

Decision: The Board noted progress and agreed the revised approach provided a realistic route to delivery of the KPI.

8.1 The Director of Finance, Procurement and Estates presented the refreshed procurement strategy. The Board noted recent legislative changes affecting procurement frameworks, with divergence between Scottish procurement legislation and the rest of the UK, which will result in increased scrutiny requirements for UK wide frameworks, used by COPFS, to ensure that they remain compliant with Scottish regulations. It was noted that there have also been minor updates to align with current organisational priorities.

Decision: The Board approved the Corporate Procurement Strategy.

9.1 The ARC papers were noted.

10.1 The Board reviewed the decision log.

Decision: The Board noted the decision log.

11.1 The Board reviewed the closed action log.

Decision: The Board noted the closed action log.

12.1 Legislative and policy proposals

Members discussed the increasing volume of legislative, policy and transformation proposals being directed to COPFS.

The Board agreed that a clearer process was required for assessing impacts, prioritisation and organisational capacity before committing resources.

Action: Corporate Services to develop a consolidated view of upcoming legislative, policy and change initiatives and bring proposals for prioritisation to the Board.

12.2 Portfolio – Consolidation of Projects and Programmes

The Director for Transformation and Change noted that significant work had taken place to consolidate change activity taking place across COPFS into the Transformation and Change Delivery Portfolio. However, it was noted that there are still projects being identified as being within scope of the portfolio that had not previously been identified. Members were asked to ensure that all projects, programmes and change activities are declared to the Director of Transformation and Change to ensure, where appropriate, these are being brigaded into the refreshed change portfolio.

Action: Members were asked to declare any projects, programmes or change initiatives to the Director of Transformation and Change to ensure that, where appropriate, these are being brigaded into the refreshed change portfolio.

12.3 Annual Accounts Update

The Board noted potential issues relating to data accuracy within the Annual Accounts due to incorrect information being provided by Civil Service Pension provider, Capita. The Director of Finance, Procurement and Estates agreed to keep colleagues abreast of developments.

12.4 Future meeting schedule

The Head of Corporate Governance and Business Planning outlined a proposal to temporarily revise meeting cadence, moving Leadership Board to the fourth Thursday of each month. It was noted that this is to allow more time for the production of meeting papers, particularly the Performance Report which relies on wide ranging collation management information.

Decision: Leadership Board meetings will move to the fourth Thursday of each month. This will be a temporary arrangement for three months and will be reviewed once further automation has been built into the management information collation process. 

Action: Governance to reschedule meetings accordingly.