Minutes of the Operational Performance Committee – June 2024

Minutes of meeting held on 17 June 2024 by Microsoft Teams

Present:

• Stephen McGowan, Deputy Crown Agent – Litigation (Chair) (DCA)
• Andy Shanks, Deputy Procurator Fiscal, Specialist Casework (AS)
• Stephanie Ross, Principal Procurator Fiscal Depute, Policy & Engagement (SR)
• 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)
• Laura Buchan, Procurator Fiscal, Policy and Engagement (LB)
• Andrew Laing, Deputy Head of Local Court (AL)

The DCA welcomed everyone to the meeting, apologies noted for Andrew L Andrew R and Laura. Stephanie Ross attending on behalf of Laura.

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. Time bar issues ongoing, raised with SG and Exec Board.

Local Court

AL absent, paper noted. Gavin informed the group that there is a focus on SH & J work in terms of road mapping for Nov 2025, an update will be provided at the next OPC in August.

Some headline figures –

Case marking

As of 1 April 2023 – 14,000 unmarked cases. FOS figure 10.6.24 - 5284. There are still some legacy cases and DQ to deal with but cases over 4 weeks reduced from 9000 in April 23 to 1118 in May 24.

Police reports awaiting reporting (police backlog) – April 23 was 4000. Latest figure 1296. (high point Sep 23 when was just under 10,000).

T&I figure 24-25 88% to date. NICP regularly marking its cases within 4 weeks.

Interim marked – has risen from 4600 at April 23 to 6,985 (June 24). Height was 8006 in January 24 and then started to fall.

Summary

JP

• Trials outstanding – 4211 Apr 23 3113 May 24. This is lower than the pre pandemic figure (3500)
• Waiting Periods –13 weeks (same as pre covid).
• Input has significantly picked up however in first two months of 24-25 and levels higher than projected.

Assessment

• Back to and below pre pandemic levels
• Overall much less business in JP court than pre pandemic
• But input levels have been picking up and this could create more trial business
• Increasing resolution at each of the court diets

Sheriff

Outstanding trials rose slightly over 23-24 after the big reductions we saw with additional summary courts in 22-23. 24-25 figure static – May 24 figure 20,413 similar to April 24.

Waiting period – as of May 24 returned to 14 weeks (almost at pre covid position – 13 weeks)

Growing difference between SCM and non SCM courts

• Hamilton – 1502 to 961 outstanding trials (April 23 – May 24) fall 541 or 36%. Waiting Period 17 to 14 weeks over same period.
• Paisley – 977 to 754 outstanding trials- fall 223 or 23% Waiting Period 16 to 12 weeks
• Dundee – fall of 1185 to 337 outstanding trials = 848 reduction = 72% reduction. WP reduced from 20 to 9 weeks. Dundee has 74 DA trials outstanding and 263 non DA trials. Dundee now well below pre pandemic position re outstanding trials and Waiting Period.
• Glasgow –Glasgow DA os trials 565 to 357 (but remember that this will include a lag of cases going through case management hearings). Waiting period 9 to 8 weeks.
• Perth – DA os trials reduced from 163 to 108 (same health warning as above). WP from 15 to 13 weeks.

S&J

April 23 – 6822 Precs in hand – May 24 – 6092 (reduction of 730 or 11%)

Trials outstanding – 2349 April 23, 1545 May 24 –reduction of 804 or 34%) but pre covid was 500.

Conclusions – much higher than previous years. Average 680 pcm compared with 487 in year 19-20.

Specialist Casework

Paper noted, AS highlighted a couple of points-

Deaths-

Number of investigative deaths down to 8736 down 500 since last update.

KPI 12 week target - sitting at 71% compliance, which is the highest it’s been since pre covid.

Legacy deaths - priority being given to reduce the number of investigations involving a death from 2020, work on going.

Custody deaths- number of on-going investigations has risen in the last year, these are complex and sensitive investigations. A review of CDU is now complete and will be shared with the DCA, looking at changes to team structure/resources to try and meet demand.

CDIT- have now closed 1000 deaths cases, majority of which were hospital deaths. Should start to see real further progress, likely to have first notice for first FAI summer/early autumn.

KPIs for HSIU & SOCU discussed, new MI being worked on but no timescale as yet, KPIs should continue to be provided at the moment.

Policy & Engagement

LB absent, paper noted.  Stephanie attended on behalf of Laura, nothing further to raise than the points Laura shared with the group by email-  

UNCRC will become part of Scots law on 16^th July 2024.  Policy have been running 1 hour online sessions – well received.  And a Policy official has been attending to face to face training to answer questions.  Training still rolling out.  Steph and Laura due to meet with LP’s Private Secretary to try and determine the courts approach to the legislation.

Waiting for confirmation from SG on what their priorities will be going forward.

Body worn camera work progressing and Jenny grateful for those across the teams who are part of the working group.

• 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. – Gavin looking at process aspect which is being finalised with BM Teams- clear subject to implementation-LT to update author.
• Draft Minute to LO re Provision of Policy Documentation to SCAI-Andrew Richardson- group content group agreed -LT to update AR.

No further Business discussed.

Date of Next Meeting: 15 August 2024