Minutes of the Operational Performance Committee – August 2024

Minutes of meeting held on 15 August 2024 by Microsoft Teams

Present:

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

Absent:

• Gavin Anderson, Head of Business Management Local Court (GA)
• Andrew Laing, Deputy Head of Local Court (AL)

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

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

No outstanding actions open.

High Court

Paper noted, AR highlighted the ongoing uncertainty of time bar cases and what might happen.  Conversations took place, awaiting confirmation/clarity from SG.

Local Court

AL & GA absent, paper noted, group content, nothing to raise.

Specialist Casework

Paper noted, AS highlighted a couple of points-

The 6-week target date for closing routine deaths is currently at 97%, also maintaining a high performance figure in relation to 12 week investigative death target at 71%. Difficulties with older deaths including Legacy deaths, still working on clearing all deaths that occurred in 2020 and earlier, this is challenging at present given current resourcing, but progress will continue to be monitored closely and the group will be kept updated.  

CDU-Working hard but the number of cases in hand continues to increase, paper on structure and resourcing complete and with DCA for consideration. COPFS continues to be represented on the SG Death in Custody Working Group.

CDIT-In total just under 1100 deaths reviewed and closed, real progress made there.

The group discussed the FAI process and issues around that.

Policy & Engagement

Paper noted, LB highlighted a couple of points-

UNCRC now implemented, LB thanked all the teams for training and sharing of info, waiting for first minute of compatibility to come through, confident that we will know how to deal with it when it comes.

Following recent public disorder in other parts of the UK, Policy have taken the opportunity to review guidance in the event that there was disorder in Scotland. Updated L.A guidelines on liberation would be issued for a period, and  that will have a significant impact on Prison Population. Added complexity is that England and Wales haven’t incorporated UNCRC, and we have we would have to look at these in a different way.

Prison Population Leadership Group-LB sits on this board and had just attended a meeting earlier today to discuss the early release that had recently taken place, although the overall figure had dropped, a number of spaces were immediately taken up by new prisoners, meaning another early release is likely to take place. The group discussed the impact on Victims and witnesses and how this only alleviates pressure short term.

Sexual Offences Review- due to meet with Suzanne Tanner to discuss implementation.  Will then have a better idea of when we anticipate publication.

• Request for CCI re jurisdiction- group discussed –group content- Lana to update author
• internal COPFS Forensics Network-Mhairi Morrison- required clarification re DNA sample taking. Mhairi still seeking update AR updated he had an email from Mhairi seeking further info, Lana to circulate to group and schedule session for Stephen and Mhairi to discuss further.

No further Business discussed.

Date of Next Meeting: 10 September 2024