Minutes of the Executive Board – 27 March 2024

Present:

• John Logue (Chair), Crown Agent
• Jim Brisbane, Director of Strategy
• Stephen McGowan, Deputy Crown Agent, Litigation
• Lindsey Miller, Deputy Crown Agent, Operational Support
• Jennifer Harrower, Deputy Crown Agent, Local Court
• Kenny Donnelly, Deputy Crown Agent, Specialist Casework
• Ruth McQuaid, Deputy Crown Agent, High Court
• Keith Dargie, Head of Business Services
• Sarah Carter, Director of Human Resources
• Marlene Anderson, Director of Finance and Procurement
• David Watt, Non-executive director
• Vanessa Davies, Non-executive director

In attendance:

• Linda Butcher, Secretariat
• Mairi Boyle, Secretariat

Apologies:

None noted.

Agenda Item 1 – Welcome and Apologies

1. The Crown Agent opened the meeting and welcomed all colleagues. No conflicts were noted.

Agenda Item 2 - Minutes of previous meeting / update on actions

2. Minutes of the Board meeting of 21 February were agreed and can be published.
3. Action 9, an update on the VIA modernisation programme, is marked as complete: DCA Operational Support will present a paper under item 4 on today’s agenda.

Agenda Item 3 - Finance Update

4. The Director of Finance and Procurement (DFP) introduced paper EB23/24(58).
5. In relation to FY 23/24, an external audit of the budget will begin at the end of May. Functions have their indicative allocations and are working to finalise their business plans. The corporate business plan will be finalised in May.
6. The Director gave a verbal update on the current provision for revenue underspend, part of which pertains to ongoing litigation. Auditors and SG are aware of this particular provision and that we are likely to report an underspend, much of which will be released back to SG.
7. Turning to FY 24/25, the DFP expanded on the challenges of the budget settlement, including the need to absorb implementation of the 35-hour working week and an anticipated low attrition rate; and the likely challenges posed by budgets for subsequent years and how these will be managed, including by identifying spend to save opportunities. The implications of the senior structure review have been factored into budget planning and Functions’ budget allocations will be recalibrated where changes to the organisation’s structure are implemented: Resources Committee will control the finite detail of this and proposed changes in structure will come back to the Board.
8. Considering the budget allocations as set out at Annex C of the Director’s paper, the Crown Agent asked to see more detail on the extent of the challenges for each Function and said it was essential that the Board had this, in the form of functional business plans, in good time for the next meeting on 29 May. He said there was a need to plan for the following FY at an earlier stage during FY 24/25 so that the Board had more clarity on challenges and priorities for 25/26 between January and March 2025, before the start of the next FY. Subject to seeing the delivery plans, the Board approved the budget for FY24/25.
9. It was agreed that future updates would capture gross, as well as net, efficiency savings requirements.

Agenda Item 4 – VIA update

10. DCA Operational Support (DCA-OS) introduced paper EB23/24(59). The DCA expanded on the work and outcomes of phase one of the Modernisation Programme, which was initially the whole extent of the Programme. Phase two of the Programme reflects the challenge posed by the Lord Advocate to take a broader look at our culture and everything we do to communicate with, and provide a quality service to, victims and witnesses. The need for an organisational victims and witnesses strategy is clear from the report of HM Chief Inspector of Prosecution on the prosecution of domestic abuse cases at summary level, which we expect to be published in April. Phase two is in development and may ultimately be one workstream within the Service Improvement Programme, on which the Board will receive an update in May. The DCA will provide a further update on the VIA Programme at the May meeting, so that the Board has an opportunity to consider and shape phase two.
11. There was discussion about the challenges involved in the Programme; including the expectations we have of VIA colleagues and prosecutors in communicating with victims; the need to give staff the skills to confidently meet our expectations and deal with difficult conversations; and the limitations on how we can assist victims and witnesses with welfare issues. The Director of HR confirmed she was reviewing arrangements for VT assessments for staff.

Agenda Item 5 – Forensic pathology update

12. DCA-OS introduced paper EB23/24(60). The DCA provided an update on developments since the paper was produced in relation to service provision in Aberdeen, and on engagement with the CMO and SG about system-level planning. The Crown Agent advised that he had written to the Convenor of the Criminal Justice Committee about the background to, and issues with, forensic pathology provision, further to her consideration of commentary by HM Chief Inspector of Prosecution on this subject. The Board was reassured by the level of work in this area.

Agenda Item 6 – Resources Committee update

13. The DFP confirmed that the key points of the work of the Committee had been dealt with at Item 3 above.

Agenda Item 7 – Business Improvement update

14. Head of Business Services (HBS) introduced paper EB23/24(61) and provided more detail on the progress of the Witness Gateway. DCA Local Court (DCA-LC) added that this was a very positive development in engaging with victims and witnesses and enhancing their experience. There was discussion about the delay in scaling up the DESC project with HBS advising that roll out of DESC to Perth and Forfar was expected within weeks and certainly before the next Board meeting on 29 May. DAS, which replaces the current secure disclosure system, is linked to DESC. It is possible that the entire organisation will be using DAS within six months, but there are dependencies with DESC.
15. It was noted that work on AI relates to next generation case management work and the Board asked when a paper on AI threats and opportunities would be delivered. The Crown Agent asked that a paper would be presented to the Board in May, which would set out the genesis of discussions on AI, pre-pandemic, and current work. (Note: the May agenda is already full and this paper will be scheduled for later in the summer).
16. There was discussion about timescales for delivering new ERDM and whether we can be confident this is achievable within FY 24/25. Head of Business Services will review timescales in light of comments from the Board and revert to the Board with more detail on timescales and how these are to be achieved.

Agenda Item 8 – Operational Performance Committee update

17. DCA Litigation introduced paper EB23/24(62). The Crown Agent noted good progress made across the last year, for example the results of the focus brought to bear on the work of NICP, and the need to sustain progress.

Agenda Item 9 – Audit and Risk Committee update

18. Vanessa Davies advised the Board that there was nothing new to report to the Board as there had not been a Committee meeting since the Board last met.

Agenda Item 10 – AOCB

19. The Crown Agent took the opportunity to advise non-Executive Directors of the decision by the SG that there is to be a public inquiry in relation to the investigation of the death of Emma Caldwell. He highlighted the huge amount of work involved in bringing proceedings against Iain Packer which had an excellent result.
20. The discussion moved on to discuss public inquiries more generally, timescales for same and the significant work required by COPFS now and in the future to service these inquiries.
21. DCA Specialist Casework (DCA-SC) provided an update on Post Office/Horizon cases; the complexity of determining what is a “Horizon” case; and the likelihood of SG legislating to quash convictions.
22. DCA-LC provided assurances about handling of any cases reported under the Hate Crime and Public Order (Scotland) Act 2021. We have liaised with the police for an early indication of the numbers and types of cases we are likely to receive from them. Specialist marking deputes in NICP will deal with these cases and dedicated Crown Counsel will deal with any cases on which instruction is required or in which there are appeals.