Minutes of the Executive Board – 28 August 2024

Present:

• Lindsey Miller (Chair), Deputy Crown Agent, Operational Support
• Stephen McGowan, Deputy Crown Agent, Litigation
• Jennifer Harrower, Deputy Crown Agent, Local Court
• Ruth McQuaid, Deputy Crown Agent, High Court
• 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
• David Watt, Non-Executive director
• Vanessa Davies, Non-Executive director

In attendance:

• Emma Forbes, Procurator Fiscal, Domestic Abuse (Item 3 only)
• Linda Butcher, Secretariat
• Mairi Boyle, Secretariat

Apologies:

• John Logue, Crown Agent and Chief Executive  
• Sarah Carter, Director of Human Resources

Agenda Item 1 – Welcome and Apologies

1. DCA Operational Support opened the meeting and welcomed colleagues. No conflicts of interest were noted.

Agenda Item 2 - Minutes of Previous Meeting/Updates on Actions

2. The Minutes of the meeting held on 26 June 2024 were agreed and can be published.
3. Current actions were discussed and updated:

• Corporate business plan – Head of Business Services advised that he will confirm to the Board in October that an updated plan has been published;
• Evidence from digital devices – a new Head of Information Governance Unit is in post and is overseeing implementation of ICO recommendations and engaging with the ICO. Progress has been made and DCA OS will monitor this and provide a further update to the Board, and to the Audit and Risk Committee as appropriate, in October.
• Releasing staff to attend training –There was discussion about the importance of staff taking up places on various training courses including accredited domestic abuse training, which is an area of strategic importance. All DCAs will ask their senior leads to encourage staff to attend relevant training, to avoid cancellations where possible and to facilitate release of staff to attend courses. DCA Operational Support will discuss these issues with Director of the Scottish Prosecution College, consider appropriate corporate communications about attendance at training events and report back to the Board in September. DCA Local Court will make enquiries as to numbers of new deputes who have attended the new depute course; and numbers of deputes who have completed the mandatory one day DA training. beginning.

Agenda Item 3 – Update on Inspectorate Domestic Abuse report

4. Procurator Fiscal Domestic Abuse introduced paper EB 24/25(22) and explained to the Board that progress is being made against almost all recommendations in the report. Guidance is being reviewed. We have recognised that publishing revised guidance in itself does not meet the spirit of the recommendations and the PF is working with others, including the Director of the Scottish Prosecution College and those leading on the VIA Modernisation Programme, on the best way of making and embedding change. The PF is engaging with Law Officers on proposals for a transformative approach which involves the SPC and other ways of effectively communicating with staff including a programme of activity during the domestic abuse awareness month in October and input from external experts.
5. Director of Strategy endorsed the PF’s approach and the need to focus training on domestic abuse to change behaviours and improve the service we offer. He reflected on his experience of the Summary Case Management pilot which has been funded and this created the capacity and environment for staff to engage purposefully with the defence and complainer at the outset of a case. Thought needs to be given as to what the basic requirements are for us to approach DA cases like this across the organisation.
6. DCA High Court raised the issue of the structural implications of the Inspectorate report. She advised that the most serious cases involving DA were dealt with by High Court. The DCA also advised the Board that Susanne Tanner’s report of her review of sexual offence cases was expected to be delivered to the Lord Advocate in around 6 weeks’ time and that this may well contain recommendations similar to those in the Inspectorate report.
7. The Board thanked the PF for her paper and the brilliant pace and grip taken of this challenging work. Vanessa Davies asked that the next biannual update to ARC on Inspectorate work includes an updated version of the action plan on this report.

Agenda item 4 – updates on existing work

8. Head of Business Services introduced papers EB24/25(23) and highlighted completion of estate works at Elgin PFO and progress with work on Crown Office, and the importance of Estates being at the core of future planning. He offered the Board an assurance that planning for the 35 hour week was on track to continue delivery from 1 October. The Board considered there was a need to monitor delivery, particularly the use of discretionary overtime from 1 October, to ensure that overtime is not used to in effect maintain the 37 hour week; the numbers of staff seeking alternative working arrangements; and the impact on the SCS who will maintain a 37 hour week.

Agenda Item 5 – Finance and Overtime

9. Director of Finance and Procurement introduced papers EB24/25(24) and EB24/25(24a) and highlighted the spending controls now required by SG in the 24/25 budget. We are having detailed conversations with SG about the 25/26 budget and the anticipated impact if certain areas are not funded. DCA Operational Support advised the Board of the likely pathology pressures and funding requirements in the 25/26 budget.

Agenda item 6 - Operational Support update

10. DCA Operational Support introduced paper EB24/25(25). The Board noted their interest in the Policy work around specialist reporting agencies and guidance to SRAs and highlighted the need for prosecutors to scrutinise reports from SRAs. There was discussion about the particular circumstances of the Horizon cases and representations made to COPFS by the Post Office, and that this is not reflective of wider reporting by SRAs. The Board was given assurance about controls in place in consideration of cases reported by SRAs.

Agenda item 7 – Local Court update

11. The Board noted paper EB24/25(26). DCA Local Court said that the priority for Local Court remained reducing solemn workload in hand to meet the challenge of time bars reverting to pre-Covid limits. David Watt asked for more consistency in the application of data points in updates.

Agenda item 8 – High Court update

12. DCA High Court introduced paper EB24/25(27) and highlighted the continuing trend of more High Court business coming in and the reasons for this. Input is not matched by output notwithstanding the availability of additional trials courts, and cases indicted and awaiting trial is at a high. The DCA explained that trials involving evidence taken at earlier evidence on commission hearings take longer because the evidence has to be replayed at the trial. Work is ongoing to increase productivity ahead of the reversion to pre-Covid time bars but the target of doubling productivity has not yet been reached and planning is being done to develop options for managing this risk. We indict all High Court cases within time bar but there are then delays in cases reaching trial. There was discussion about the systemic reasons for this that predate the pandemic.

Agenda item 9 – Specialist Casework update

13. DCA Specialist Casework introduced paper EB24/25(28) and explained that there are similar challenges to delivery as those identified by DCA High Court. He highlighted the challenge of dealing with older deaths cases. He has commissioned work on the age profile of deaths cases and will incorporate the product of this into future updates to the Board.

Agenda item 10 – Resources Committee update

14. The Board noted paper EB24/25(29).

Agenda item 11 – Business Process Improvement Committee update

15. The Board noted paper EB24/25(30). Head of Business Services highlighted the significant implementation of citizen-facing digital applications. Vanessa Davies said that she would welcome a session on the user experience of the witness gateway and defence agent service.

Agenda item 12 – Operational Performance Committee update

16. The Board noted paper EB24/25(31).

Agenda item 13 – AOB

17. Nothing raised.