Minutes of the Operational Performance Committee – April 2024

Minutes of meeting held on 15 April 2024 by Microsoft Teams

Present:

• Stephen McGowan, Deputy Crown Agent – Litigation (Chair) (DCA)
• Andy Shanks, Deputy Procurator Fiscal, Specialist Casework (AS)
• Laura Buchan, Procurator Fiscal, Policy and Engagement (LB)
• Andrew Laing, Deputy Head of Local Court (AL)
• Fiona Roberts, Head of Management Information Unit (FR)
• Gavin Anderson, Head of Business Management Local Court (GA)
• Lana Thomas, PA DCA – Serious Casework (Secretariat) (LT)

Absent:

• Andrew Richardson, Procurator Fiscal, High Court (AR)

The DCA welcomed everyone to the meeting, apologies noted for AR.

The minutes of last meeting were agreed and can be published.

No outstanding actions open.

High Court

AR absent, paper noted, nothing raised by exception.

Local Court

Paper noted, AL provided update-

ICP- good progress continues- performance target Just short of 79.4 percent, interim marking still high, in relation to diversion, 6.5 k diversions offered last year.

Summary – outstanding trials 21k down to 14K. Seeing a big difference between summary case management court and non-case management courts- Hamilton down 11 % Paisley down 18 % and Dundee down 50%. Dundee started year with 1100, now down to 500.

SH & J - seeing a reduction in every major factor we look at but still not at the pace we would like. PIH pre covid were 3.5k, this year’s target is 5k. Month by month coming down in all these factors but still far away from recovery.

Hate crime-David Bernard has been dealing with this, many complaints relate to same issue. Police have a record of types of hate crime custodies, despite 7k calls, only 124 recorded which ultimately become a report, small number in comparison to calls police received.

Specialist Casework

Paper noted, AS highlighted a couple of points,

Final end of year reported deaths figure - 13,214, down from previous year but still up pre covid. Reduction in deaths under investigation, as of 8 March 2024 there were 9207 active death investigations. That constitutes a decrease in the number of active deaths cases for the second month in a row this year – with a decrease of another 200 since the last figures produced in February 2024.

KPI 12 week target hit 54% at end of year, upward trend in last few months, better performance on 12 week target going into new report year.

Legacy deaths work, being taken forward as a priority, targeting deaths specifically from 2020 or before. The next OPC update in May will provide more information on how we handle these going forward.

Policy & Engagement

Paper noted, LB highlighted a couple of points, Hate Crime Act has come into force, due to this there has been a flurry of activity, significant amount of work involving reviewing cases.

Inspectorate report on Summary Domestic Abuse cases due to be published on Wednesday this week, number of recommendations already being progressed, expecting a flurry of media reporting, potentially FMQ, PQ etc.

Horizon continues to be a huge piece of work, weekly meetings with SG taking place to discuss legislative approach in Scotland.

Jenny’s minute re extending temporary measures in Coronavirus recovery & reform discussed, the group received this on Friday and require further time to review this due to peak leave period. Some data gathering required, group to review and provide relevant data asap.

• Awaiting outcome of Proposed Operational Instruction - Availability of Secure Hospital Beds- still require outcome/update on this one**-AL advised that this still requires to be finalised, David is in frequent conversation with Emma regarding this.
• New Depute Education and Learning Recommendations Paper-Group discussed in depth, Gavin to pull together all the Sheriffdom Fiscal feedback and provide to Colette for review. Lana to update SPC on outcome of discussion.
• Submission to OPC - MOU between CPS & COPFS re. Sexual Offences - Concurrent Jurisdiction- Updated from Peter Motion- discussed- all agreed and approved- Lana to update Peter.
• Extending temporary justice measures in Coronavirus Recovery and Reform (S) Act 2022 - copy of Statement of Reasons-This minute was sent round the group on Friday, the group require more time to review this due to some only just returning from Easter leave. Lana to inform author.
• Police Service of Scotland Evidential Arrestee DNA Review-MM
  The group discussed, unclear why PS originally used 2 kits, Stephen to speak with Jim Brisbane to find out if he has any knowledge on this. Subject to outcome of conversation, group content. Update 15/04 Stephen to contact Jim this week.

No further Business discussed.

Date of Next Meeting: 16 May 2024.