Publication - Research and analysis

Investigation and prosecution of sheriff solemn cases: thematic review

Published: 19 Jul 2019
Directorate:
Justice Directorate
Part of:
Law and order
ISBN:
9781839600241

The Inspectorate of Prosecution in Scotland's review of the investigation and prosecution of sheriff solemn cases.

Investigation and prosecution of sheriff solemn cases: thematic review
Recommendations

Recommendations

Recommendation 1
COPFS should ensure that, where there is a legal representative, a letter providing contact details of the first diet prosecutor and/or the SLM and seeking engagement of the defence on key issues is sent when the indictment is served in all cases. A record of the extent of communication with the defence before the first diet should be recorded on the COPFS IT system. (Page 28)

Recommendation 2
COPFS should refresh the guidance on witness engagement including an explanation of the content of the reports. (Page 34)

Recommendation 3
COPFS should ensure that all relevant information provided by witnesses (whether they provide availability details or not) is pulled into the first diet report. (Page 34)

Recommendation 4
COPFS should ensure that any information obtained on the availability of witnesses is captured and included in the first diet report. (Page 35)

Recommendation 5
COPFS should seek to incorporate the various elements of good practice into a national model for investigating and prosecuting sheriff solemn cases that can be adapted for local variations. (Page 40)

Recommendation 6
COPFS should extend the victim strategy to all victims of sexual crimes prosecuted in the sheriff solemn courts. (Page 44)

Recommendation 7
COPFS should apply a consistent approach to taking evidence by a commissioner for cases prosecuted in the High Court and sheriff solemn courts for all witnesses under 18. (Page 50)


Contact

Email: carolyn.sharp@gov.scot