- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
-
Date lodged: Wednesday, 15 May 2002
-
Current Status:
Answered by Elish Angiolini on 5 June 2002
To ask the Scottish Executive whether it will list the types of costs the Crown Office and Procurator Fiscal Service incur in the event of the adjournment of a trial (a) in advance and (b) on the date of the trial.
Answer
The adjournment of a trial on the date of the trial usually involves the payment of expenses to witnesses who have been inconvenienced. The adjournment of a trial at any time means that staff time in preparing for the trial (including administrative staff time in citing witnesses, arranging for productions to be in court and paper handling) has been wasted. The extent of that wasted expense depends on how long before the trial date it is known that there is to be an adjournment.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
-
Date lodged: Wednesday, 15 May 2002
-
Current Status:
Answered by Elish Angiolini on 5 June 2002
To ask the Scottish Executive whether the Crown Office and Procurator Fiscal Service set criteria to indicate which cases should be sent to the district court and which are eligible for an alternative to prosecution and whether any such criteria will be placed in the Scottish Parliament Information Centre.
Answer
Procurators Fiscal are instructed that cases which may be competently taken in the district court should be taken there unless there is some good reason for prosecuting in the sheriff court or the Lord Advocate directs otherwise. The Lord Advocate has directed that: (a) proceedings should not be taken in the district court for a breach of a Sex Offenders Order, or any offence aggravated by a breach of a Sex Offender Order; (b) proceedings should not be taken in the district court where the prosecutor considers a Non-Harassment Order to be appropriate, and (c) proceeding should not be taken in the district court where the offence is racially aggravated or contrary to section 50A of the Criminal Law (Consolidated) (Scotland) Act 1995. The criteria for the use of alternatives to prosecution are set out in the Prosecution Code which has been published and made available on the Crown Office and Procurator Fiscal Service website.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
-
Date lodged: Wednesday, 15 May 2002
-
Current Status:
Answered by Elish Angiolini on 5 June 2002
To ask the Scottish Executive how the Crown Office and Procurator Fiscal Service prioritise cases; whether there is any guidance to staff of these offices on how to prioritise cases, and whether any such guidance will be placed in the Scottish Parliament Information Centre.
Answer
The training received and written guidance held by procurators fiscal identifies particular classes of case as generally requiring priority. These include, for example, cases involving children, cases in which the accused is in custody and cases in which a time bar is approaching. The allocation of priorities as between the several cases which a given member of staff or a given office requires to deal with at a particular time is a matter for professional judgement in light of training and experience and depends on consideration of all of the circumstances of each case.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
-
Date lodged: Wednesday, 15 May 2002
-
Current Status:
Answered by Elish Angiolini on 5 June 2002
To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, what steps it is taking to reduce the number of cases marked "no proceedings" as a result of a time-bar under section 136 of the Criminal Procedure (Scotland) Act 1995.
Answer
We are addressing the timeliness of reporting with the police and other reporting agencies.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
-
Date lodged: Wednesday, 15 May 2002
-
Current Status:
Answered by Elish Angiolini on 5 June 2002
To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, what the reason is for the rise in the number of cases marked "no proceedings" as a result of delay by the procurator fiscal since 1998-99.
Answer
The proportion of these cases is very small, having risen from 205 to 451. There are likely to be a number of factors leading to this, including the need to devote resources to serious cases and other competing pressures on the time of Procurators Fiscal.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
-
Date lodged: Wednesday, 15 May 2002
-
Current Status:
Answered by Elish Angiolini on 5 June 2002
To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, whether it will list for each agency which sends reports to the procurator fiscal (a) the total number of reports sent, (b) the number of cases marked "no proceedings" as a result of delay, (c) the number of cases proceeding to trial and (d) the number of convictions secured in (i) 1998-99, (ii) 1999-00, (iii) 2000-01 and (iv) 2001-02.
Answer
This information is not available.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
-
Date lodged: Wednesday, 15 May 2002
-
Current Status:
Answered by Elish Angiolini on 5 June 2002
To ask the Scottish Executive what the reason is for the decline in the number and proportion of cases reported to the Crown Office and Procurator Fiscal Service being sent to the district court since 1997-98.
Answer
The reduction in business in the district court is a consequence of the reduction in the overall number of cases reported to the procurator fiscal, the availability of fiscal fines and other alternatives to prosecution and the shift in the balance of business towards more serious crime.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
-
Date lodged: Wednesday, 15 May 2002
-
Current Status:
Answered by Elish Angiolini on 5 June 2002
To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, what the reason is for the rise in the number of cases marked "no proceedings" due to a time-bar under section 136 of the Criminal Procedure (Scotland) Act 1995 since 1998-99.
Answer
This information is not held centrally. However, we are addressing the timeliness of reporting with the police and other reporting agencies.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
-
Date lodged: Wednesday, 15 May 2002
-
Current Status:
Answered by Elish Angiolini on 5 June 2002
To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, what steps it is taking to reduce the number of cases marked "no proceedings" as a result of delay by the procurator fiscal.
Answer
We are implementing the recommendations of the recent management review. Additional prosecutors have been recruited and structural changes are being made to improve the management support given to prosecutors.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
-
Date lodged: Wednesday, 15 May 2002
-
Current Status:
Answered by Elish Angiolini on 5 June 2002
To ask the Scottish Executive, further to the answer to question S1W-25069 by Colin Boyd on 29 April 2002, what the reason is for the rise in the number of cases marked "no proceedings" as a result of delay by the police and other reporting agencies since 1998-99.
Answer
This information is not held centrally. However, we are addressing the timeliness of reporting with the police and other reporting agencies.