Minutes of the Operational Performance Committee – February 2025

Minutes of meeting held on 20 February 2025 by Microsoft Teams

Present:

• Stephen McGowan, Deputy Crown Agent – Litigation (Chair) (DCA)
• Andrew Richardson, Procurator Fiscal, High Court (AR)
• Laura Buchan, Procurator Fiscal, Policy and Engagement (LB)
• Andrew Laing, Deputy Head of Local Court (AL)
• Andy Shanks, Deputy Procurator Fiscal, Specialist Casework (AS)
• Lana Thomas, PA DCA – Serious Casework (Secretariat) (LT)
• Frances Ross, Head of Corporate Governance (FR)

Absent:

• Gavin Anderson, Head of Business Management Local Court (GA)
• Fiona Roberts, Head of Management Information Unit (FR)

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

Frances Ross joined us in her capacity as Head of Corporate Governance, Frances is currently creating and consulting on the revised governance model and thought it would be useful to sit in on OPC and other committees to gain an insight.

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

Nil.

High Court

Paper noted, the only thing to raise by exception is that a joint paper regarding time bar legislation has been submitted to the C.A. Still awaiting news on the savings provisions.

Local Court

Paper noted, AL highlighted by exception-

Some success in terms of PIH, overall numbers have come down quite well, but the rate of which the cadre of extended TB cases is going down much slower, success of one of strategies is controlling the number of new cases that are put on Petition.   Hope to keep pushing down new petitions which were at 900 a month turning to 700/600 per month, significant control on that but may need to be even tighter i.e. colleagues can’t put a new case on petition unless it’s agreed by APF/SLM. 

Very positive changes seen in SCM courts with a reduction of around one third in first citations and between 50-75% reduction in repeat citations. 

Big changes in the way business is conducted, hoping this will be picked up in the inspection.  May query how quickly we can get it rolled out across Scotland, although this would be difficult to make a priority along with the pressures of TB cases.

Conversations took place around the challenges in relation to caseloads and effort to manage these, LB asked that policy and teams are kept in the loop and involved in any discussions regarding instructions as the LA is firm on some instructions, specifically in relation to DA cases.

Solemn sentencing data shows that less than half got a custodial sentence, which shows we aren’t really getting it right in terms of forum selection.

LB noted that Policy can work with LC on discretion and decision making and will look at it nationally as opposed to looking at one part of the business.

SMcG noted that he is working on the new prosecution test and will be looking at ways of helping colleagues justify their decision making at marking stage.

Specialist Casework

Paper noted, AS highlighted few points -

Deaths- end of performance year in line for about 13k reported deaths this year, similar to last year, slight decline but no noticeable drop.  KPI  6-week target for closing routine deaths 98% and 12-week target for closing investigative deaths 73%

Less positive news relates to investigative deaths where 12-week target is missed, currently sitting at 45%, more complex investigations taking longer to conclude.

Funding for Legacy Deaths confirmed, structure being looked at and how we take it forward.

CDU –position remains challenging, making some changes to structure and resources.

HSIU – on track for 50 convictions for this performance year so far, this compares with 32 convictions for the full financial year 1 April 2023 to 31 March 2024.   Attributable to the HSIU modernisation programme.  

CDIT – have now concluded 30 % of reported deaths and agreed a set of target milestones for 2025/26 for the remaining deaths.  The milestones will be reviewed throughout the reporting year.

Monthly work recording process discussed, Frances interested to hear more on this, Andy will contact Frances to discuss further.

The group discussed the significant progress made with FAIs, great to see those cases progressing.

Policy & Engagement

Paper noted, LB highlighted a couple of points-

Recent discussions with SG regarding SSI Saving provisions ongoing. LB will keep group up to date on progress.

SG continue to focus on Prison population and putting provisions in place. Conversations took place around increased indicting and projections and ensuring all stakeholders are clear on those projections.

Since last OPC LB and AS have given evidence in the assisted dying bill, criminal modernisation bill & Domestic Homicide review, all went well. 

Acute pressure for secure accommodation for under 18s, SG aware, contingency plans in draft, LB to keep group updated.  AR informed the group that HC have a process in place to make local authorities aware when an under 18 is remanded.

Abortion buffer Zone, a lot of scrutiny since that came into effect, 1 arrest so far.  Police dealt with it well, giving option to move on before arrested. 

• Stealthing – for info.
• Guide for medical professionals – the group agreed that SFIU input is required -LT has updated the author.

LB discussed the proposed DA Manual and DA CMI which was cascaded around OPC this morning.  The group will review and revert with any comment before 4 March. 

FR commented that it was really useful to come along to the meeting. FR noted that the papers were lengthy, and it would be good to have a look at ways to reduce the amount of papers without losing any key details.  

Date of Next Meeting:

18 March 2025