Minutes of the Executive Board – 13 November 2024

Present:

• John Logue (Chair), Crown Agent and Chief Executive
• Lindsey Miller, Deputy Crown Agent, Operational Support
• Stephen McGowan, Deputy Crown Agent, Litigation
• Kenny Donnelly, Deputy Crown Agent, Specialist Casework
• Keith Dargie, Head of Business Services
• Jim Brisbane, Head of Strategy
• Marlene Anderson, Director of Finance and Procurement
• Sarah Carter, Director of Human Resources
• David Watt , Non-Executive Director

In attendance:

• Andrew Laing, Deputy Head, Local Court
• Jenny Hamilton, Principal Depute, Policy (for item 5)
• Mairi Boyle, Secretariat

Apologies:

• Jennifer Harrower, Deputy Crown Agent, Local Court
• Ruth McQuaid, Deputy Crown Agent, High Court
• Vanessa Davies, Non-Executive Director

1. The Crown Agent opened the meeting and welcomed colleagues. David Watt reminded the Board of his declaration of interest in respect of his roles on the Audit and Risk Committee of the Scottish Human Rights Commission and Advisory Audit Board of the Children and Young Persons Scottish Commissioner. No new conflicts of interest were noted.

2. The Crown Agent had one correction to the minutes of the last Board meeting in October (to show that the action in relation to the new estates strategy was for an update to the Board on 11 December). With that change the minutes can be published.

3. On actions from previous meetings, it was noted that:

• Head of Business Services would provide an update on the corporate business plan at item 4 on today’s agenda;
• Resources Committee will monitor the overtime coding system. DCA Operational Support will check that the transition has been made from manual to electronic coding and will report back to the Board at the end of the financial year;
• The response to the ICO recommendations on evidence from digital devices is a standing item at the Information Assurance Group. Developments on sensitive records policy had been paused during civil litigation. This case is resolving and work on the policy can continue. We have positive feedback from the ICO about the actions we have taken but no actions will be signed off until all are complete. DCA Operational Support will provide a further update at the end of the financial year.

4. Director of Finance and Procurement introduced papers EB24/25(41a) and4EB24/25(41b). She explained the high-level position for the current financial year budget and her expectation that the FY will end with a £0.5m resource underspend.
5. In the context of meeting business needs and responding to particular organisational pressures, there was discussion about recruitment, the current controls on recruitment, and considerations around recruitment of temporary staff; and about the use of overtime and how this can impact staff wellbeing. The Board agreed that there ought to be recruitment of staff to carry out targeted pieces of work to tackle priorities. The Crown Agent said there may be opportunities to use underspend in the current FY budget to embed Summary Case Management and other reform work.

Action: Resources Committee will work with Functions to develop a proposal on fixed term recruitment (DCA Operational Support).

6. The Board also discussed the overspend on kennelling costs and the rationale for COPFS having responsibility for these costs.

Action: Local Court will engage with Policy colleagues about whether there is a basis to raise this matter with Scottish Government (DCA Local Court).

7. There was discussion about the ongoing negotiations and modelling on the 2025-2026 budget. Head of Business Services advised that business plans continue to be developed and will be submitted to the Board at the March meeting. The Crown Agent asked that we consider starting a recruitment process in the current FY for appointment of staff in FY 2025-2026 if non-recurring funding for some of the pressures the Board had discussed is granted.
8. The Board thanked the Director of Finance and Procurement for paper EB24/25(41b). There was an update on steps to move towards electronic recording of the different types of overtime carried out.

Action: Deputy Crown Agent Local Court to review allocation of overtime work to avoid concentration of overtime work undertaken by small number of staff.

9. The Board noted paper EB24/25(42) and looked forward to reading the Inspector’s report on her current inspection of the National Enquiry Point. David Watt reflected on the presentation of the COPFS annual report. He considered there was an opportunity for COPFS to strengthen our report in respect of our performance in areas the Inspector looks at, including quality of service delivery.

Action: Director of Finance and Procurement to follow up on this in the 2024-2025 annual report.

10. Jenny Hamilton spoke to paper EB24/25(43) and emphasised the significance of the move to uniformed police officers wearing body worn video recording devices (BWV) and the impact this will have. Jenny explained the work done in this area; the roll out of devices during 2025; how BWV will be deployed; and the benefits to COPFS and the criminal justice system generally. The key benefit is the transparency and quality that BWV evidence will offer, capturing important interactions between officers, accused persons and victims and witnesses. There will be great benefit in capturing the presentation of, and accounts given by, complainers, particularly in domestic abuse cases, especially given the developments in the law in Lord Advocate’s references 1, 2 and 3 of 2023.
11. Jenny described to the Board work done to prepare for the BWV roll out, including the handling of large volumes of video evidence. The Board thanked Jenny for her excellent work. The Crown Agent asked that Jenny returns to the Board to report on the roll out, given the significance of this development. He stressed that leadership requires to support Jenny’s work.

Action: Director of Human Resources to ensure that the Scottish Prosecution College engages with Policy about training needs; consider vicarious trauma implications for staff; and work with the Director of Finance and Procurement on a bid for resources to support our work on BWV.

12. The Deputy Head of Local Court has been working with the police on how the police will present cases involving BWV to us: the Board was clear that BWV must not be used as a means of reporting cases without a focused narrative and analysis and that only relevant BWV should be submitted. Jenny asked for Board members’ assistance in engaging with senior police officers to ensure that the police deliver what we need.

Action: Senior Executive Team to raise matter at COPFS/Police Scotland Strategic Engagement Forum

13. The Board noted paper EB24/25(44).

14. The Board noted paper EB24/25(45). The Deputy Crown Agent Specialist Casework spoke of improvements, including on management information, which will result in a more informative update to the Board on Specialist Casework. He advised the Board of a productive, recent meeting with Law Officers about legacy deaths cases.

15. The Board noted paper EB24/25(46). The Deputy Head of Local Court provided an update on the impact of steps taken to mitigate the prison population crisis; and to plan for the resumption of pre-pandemic timebars.

16. The Board noted paper EB24/25(47).

17. The Board noted paper EB24/25(48).

18. The Board noted paper EB24/25(49).

19. The Board noted paper EB24/25(50).