- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 15 May 2002
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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
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Date lodged: Wednesday, 15 May 2002
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Current Status:
Answered by Elish Angiolini on 5 June 2002
To ask the Scottish Executive whether the Crown Office and Procurator Fiscal Service have any policy in regard to the citing of police officers to give evidence at trials, and, if so, whether any such policy will be placed in the Scottish Parliament Information Centre.
Answer
It is, by statute, one of the duties of a police officer to attend any court of law for the purpose of giving evidence. Procurators Fiscal have been instructed in the following terms: "Procurators Fiscal should take steps to ensure that no more witnesses are cited than are necessary to prove a particular case. Procurators Fiscal are therefore urged to examine carefully the question of who should be cited to attend in a particular case, with the aim of ensuring that unnecessary witnesses are not cited. Police witnesses speaking only to a non-reply to caution and charge or to forms raised by the police in terms of the detention provisions of section 14 of the Criminal Procedure (Scotland) Act 1995 are unlikely to be necessary witnesses. In summary cases Procurators Fiscal should therefore rely where appropriate on the presumption offered by section 280(A) of the Criminal Procedure (Scotland) Act 1995 and should take steps to ensure that such witnesses are not normally cited (or, where they have been cited, countermand them once the position becomes clear). Where there is ample other evidence consideration should also be given to the need to cite both police witnesses speaking to an incriminating reply by an accused. For the avoidance of doubt two police witnesses will of course be required to speak to 'special knowledge' replies".
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 15 May 2002
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Current Status:
Answered by Elish Angiolini on 5 June 2002
To ask the Scottish Executive what steps it is taking to reduce the number of summary criminal trials adjourned in advance of the trial date due to the unavailability of police officers.
Answer
Police officers inform the procurator fiscal, in the report which they submit, of any dates on which they will not be available. Procurators Fiscal take that information into account in accepting suggested trial diets. Lothian and Borders Police are, with the co-operation of the Crown Office and Procurator Fiscal Service and the Scottish Court Service piloting arrangements for police rostering, leave and availability to be checked immediately before trials are fixed. Early indications are that significant reductions in adjournments are being achieved as a result. Grampian Police are also, with the co-operation of the Crown Office and Procurator Fiscal Service and the Scottish Court Service, piloting a similar process but one based on direct computer access in court. Such measures are designed to ensure that, so far as possible, trial dates are fixed when police officers will be available.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 15 May 2002
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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
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Date lodged: Wednesday, 15 May 2002
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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 police and other reporting agencies.
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
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Date lodged: Wednesday, 15 May 2002
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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.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 15 May 2002
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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
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Date lodged: Thursday, 16 May 2002
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Current Status:
Answered by Iain Gray on 29 May 2002
To ask the Scottish Executive whether it intends to establish in full a scheme in Scotland similar to the Phoenix Fund which operates in England to encourage entrepreneurship in disadvantaged areas.
Answer
We have no plans to do so. The Enterprise Networks already target entrepreneurship in disadvantaged areas through a range of measures - including the holding of Personal Enterprise Shows in such areas. We have also introduced recently a specific Scottish Enterprise Network annual target for the number of business start-up assists from residents in disadvantaged areas.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 15 May 2002
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Current Status:
Answered by Jim Wallace on 29 May 2002
To ask the Scottish Executive whether it has estimated the costs to it and local government of adjournments of a criminal trial on the date of the trial, including the costs associated with the abstraction from their duties of social workers, fire officers, NHS employees, police officers and civilians.
Answer
We have not attempted to quantify the costs in this manner, as appropriate data is not centrally available. However, we are aware of the disruption and inconvenience caused by adjournments to criminal trials and are keen to see them reduced. We did in fact commission research into the causes of adjournments in sheriff court summary criminal cases in 1999 and the research report was published on 19 July 2001. A summary of the main findings of the research can be found on the Scottish Executive website and the full report on the Scottish Executive Central Research Unit website.The reviews being carried out by Lord Bonomy and Sheriff Principal McInnes, of the High Court and summary justice respectively, are focusing on how the criminal justice process might be made more efficient and effective. Both reviews will be making recommendations to reduce the frequency of unnecessary adjournments.
- Asked by: Christine Grahame, MSP for South of Scotland, Scottish National Party
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Date lodged: Wednesday, 15 May 2002
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Current Status:
Answered by Colin Boyd on 29 May 2002
To ask the Scottish Executive, further to the answer to question S1W-22603 by Mr Jim Wallace on 14 February 2002, how many adjournments of a criminal trial on the date of trial were granted on the motion of the procurator fiscal or advocate depute in each of the last four years.
Answer
This information is not available.