Minutes of the Operational Performance Committee – March 2024

Minutes of meeting held on 11 March 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)
• 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 Andrew Richardson.

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

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

High Court

AR absent, paper noted, nothing raised by exception from AR.

Laura updated the group that she attends the Prison population Leadership Board, herself and Andrew Richardson have been asked to meet with the Scottish Government in relation to Corona Virus Time Bar and Prison population. Laura will keep the group informed.

Andrew Laing is also conducting a deep dive on remand cases to see if there is anything we can do.

Local Court

Paper noted, AL highlighted-

Case Marking- as of 1 April 2023 – 14,000 unmarked cases. Currently just over 5k reduction of 8,600 cases.

AL noted the good work Police Scotland have been doing, Police backlog start of the year was 4000, now at 1500, was as high as 10,000 in Sept 2023.

T&I figure for year up to 79%. NICP regularly hitting almost 100%. Cases marked or interim marked within 4 weeks pretty much 100%.
Summary- outstanding trials have risen slightly over year after the big reductions we saw with additional summary courts 20,492 risen to 21,530 – 5% increase.

Slight increase in waiting period, from 14 to 15 weeks.

Seeing real progress in Summary Case Management courts, outstanding trials reduced by 12% in Hamilton, 21% in Paisley and 38% in Dundee. Waiting periods also reduced Dundee has gone from 20 weeks to 12 weeks.
JP back to and below pre pandemic levels
Trials outstanding in April 23 were 4211, in January 24 were at 3241. Waiting Periods down from 14 weeks to 13 weeks.

SH & J-in April 23 there were 6822 Precs in hand, as of Feb 24 sitting at 6109, reduction of 10%

Increase in S&J sexual precs in hand from 702 to 762.

Some progress in bringing down age profile, there were 1004 11 months or over at start of year and 770 in Feb 24 reduction of 23%.

Trials outstanding – 2349 in April 23, sitting at 1914 in Jan 24, reduction of 19% but pre covid was 500.

Specialist Casework

Paper noted, AS highlighted-
Reported Deaths- down this reporting year, around 13k, last year’s figure was around 14.1, although still higher than pre Covid.

KPI’s- The COPFS published target is the 12 week ‘investigate deaths’ target. This is the target to, in deaths which require further investigation, conclude the investigation and advise the next of kin of the outcome within 12 weeks of receipt of the Death Report. Our target is to achieve this in 80% of cases. Performance against target is currently 52% compliance (1% higher than last month) with a specific monthly attainment in February 2024 (as at 23 February 2024) of 59% (an increase of 8% since last month.) The ‘year to date’ and ‘monthly performance’ figures have remained static in the 50’s since September 2023, although it is encouraging to see both the year to date and monthly target attainment having increased over the last month.

HSIU-currently working on a draft policy for ensuring earlier provision of factual information to bereaved relatives. Will be cascaded to this group for info once complete

Policy & Engagement

Paper noted, LB highlighted-

Regular meetings taking place with Scottish Government in relation to legislation for Horizon, DCA Legal Assistants have also been attending. Still unknown at moment what it will look like in Scotland.

Documentary on Domestic Abuse victims due to broadcast tonight, COPFS have been heavily involved with this. It is expected that some FMQ/PQ/FOI in relation to Domestic Abuse will follow.

• Awaiting outcome of- Proposed Operational Instruction - availability of Secure Hospital Beds- still require outcome/update on this one**-AL advised that David Bernard is reviewing LC guidance and should conclude by next OPC in April.

• Minute for OPC - Guidance re the Hate Crime and Public Order Act 2021 –Group content with main minute, LB indicated they would hold off and issue to LO’s by end of week. Wider discussions on aggravations specifically F & H, awaiting further info.

• MOU between CPS & COPFS re. Sexual Offences - Concurrent Jurisdiction
  Andrew R sent email with issues, Peter looking at comments and revising, Les B raised reporting restriction with potential issues reporting south of border. Stephen to discuss with Peter.

Stephen discussed Business Management representation for Boards, Stephen will speak with Thomas and Jonathon and ask them to review attendees.

Date of Next Meeting: 15 April 2024