Published in 2004

Diversity Proofing Tool used.

Impact on all diversity strands.

Diversity issues covered in existing diversity guidance.

This code will be continually monitored.

Current policy and instructions to the police

A summary sent to the EAG.

Low impact

On-going impact monitoring at local level.

Current staff guidance - Chapter 2 updated 2004

Internal assessment

Diversity issues covered in existing diversity guidance.

Continuous. A formal review will be carried out during 2008

Chapter 3 last updated 2004.

Internal assessment

Diversity issues identified in earlier review covered in existing diversity guidance.

To be included in revision of Case-marking Guidelines

· Case-marking Guidelines

Currently being revised

Diversity Proofing Tool will be used to identify any new equality issues and need for consultation with Equality Advisory Group.

New commitment in Disability and Gender Equality Action Plans to re-assess marking polices for risk of bias and impact.

Expected to be completed by March 2008.

· No Proceedings Giving reasons

General Minute issued to staff in 2005 providing policy and procedural guidance.

Diversity Proofing Tool

Diversity issues identified concerning the need for positive action sensitive cases and covered in General Minute and existing diversity guidance.

No current plans for review - will be included in wider revision of Case-marking Guidelines

Current staff guidance - chapter 4 updated 2004

Internal assessment

Diversity issues covered in existing diversity guidance.

Commitment in Gender Equality Action Plan to assess gender issues.

Continuous. A formal review will be carried out during 2008

Policy and Chapter 8 guidance currently under review.

Internal assessment

Low

New commitment in Gender Equality Action Plan to re-assess for bias and impact.

Continuous. A formal review will be carried out during 2008

Policy and practice as part of reform programme to be developed prior to implementation.

Diversity Proofing Tool at various stages.

Diversity issues affecting decision making will be covered in the revision of wider guidance - eg on case-marking.

Impact Monitoring will be considered as part of the implementation of new policy and practice.

• Direct Measures

Draft template letters

Early consideration by EAG in November 2006, plus consultation with specialist organisations in relation to vulnerable accused.

Equality issues noted for mental health and learning disabilities.

Impact Monitoring will be considered as part of the implementation of new policy and practice.

Interim guidance - Chapter 17 - available to procurators fiscal, which is currently under review. Full guidance due to be issued by the end of 2006 and this will be diversity proofed

Diversity Proofing Tool is being used to proof the chapter as it is being revised. Development of the full guidance will include use of the proofing tool

Low

Impact Monitoring will be considered during the review of this guidance

Annual surveys on compliance with Lord Advocate's Guidelines on Reporting Racist Crime - published.

Race crime statistics published annually

Diversity Proofing Tool and involvement of COPFS Area Diversity Teams.

Equality Advisory Group consulted.

The information sought has been refined and the method of publication of these statistics on the COPFS website has been confirmed.

As an ongoing monitoring exercise, quarterly reports are submitted to the Area Fiscals Group. Annual reports are submitted to the EAG.

Lord Advocate's Guidelines to Chief Constables published 2003

Statistics published annually.

Diversity Proofing Tool and Equality Advisory Group consulted.

The information sought has been refined and the method of publication of these statistics on the COPFS website has been confirmed.

Annual reports submitted to the EAG and published

o Scottish Gypsy Travellers

Prosecution policy (as contained in relevant circulars)

Diversity proofing tool used. Close consultation with Commission for Racial Equality. Any revised policy or guidance to be considered by the Equality Advisory Group

Identified diversity issues are covered in existing guidance and prosecution code.

Ongoing monitoring - review mid 2008

New guidance issued July 2006: 'Guidelines on the detention, treatment and questioning of persons by police officers arrested under section 41 and schedule 8 of the terrorism act 2000.'

Assessed internally using Diversity Proofing Tool

Submitted to Equality Advisory Group for further impact assessment

Minor changes to guidance and links to existing policy and guidance eg on use of interpreting services

Impact Monitoring will be considered during the review of this policy in 2008

Current guidance. Elements of policy will be reviewed as part of summary justice reform programme.

Diversity Proofing Tool steps1-3

Low

Diversity issues covered in existing diversity guidance.

A review will be carried out by end 2007.

o Road Traffic matters

Current guidance.

Elements of policy will be reviewed following enactment of forthcoming UK legislation

Current guidance to Procurators Fiscal and the police

Diversity Proofing Tool and referred to Equality Advisory Group

Low

Changes to terminology used in guidance and availability of translating services confirmed

Diversity issues covered in existing diversity guidance.

Continuous monitoring at area level.

Monitoring exercise to be carried out by end of 2007.

Revised Guidance 2006

Diversity Proofing Tool and submitted to Equality Advisory Group

Low

Cultural issues of national dress noted.

No plans to review

Current guidance to Procurators Fiscal. Prosecution of offences involving attacks

Diversity Proofing Tool steps1-3

Low

No plans to review.

Staff Guidance in Chapter 22 is currently being revised (new legislation).

Diversity Proofing Tool

High for all strands

Monitoring will be considered as part of review

National Protocol between COPFS/ACPOS - 2nd review underway.

Diversity Proofing Tool - 1-6

Wide consultation with stakeholders

Submitted to Equality Advisory Group.

High for all strands

Monitoring will be considered as part of review

Review report published July 2006

Implementation to commence end 2006

New guidance developed in stages

The report conclusions and recommendations were proofed as part of the COPFS Review on Sexual Offences - Diversity Proofing Tool and submitted to the Equality Advisory Group.

Wide consultation.

Members of the Equality Network were on the Review Group.

Final report submitted to Equality Advisory Group for impact assessment of implementation of recommendations.

High

Implementation and guidance to staff will be informed by Diversity Proofing and Equality Advisory Group.

Evaluation mechanism as part of implementation project

Continuous proofing of guidance and training.

Operational guidance to procurators fiscal re implementation of new legislation.

Diversity Proofing Tool identified no particular equality issues with internal operational guidance.

Low

No plans for review.

Impact monitoring will take account of any changes to Scottish Government policy and wider review of case marking guidelines.

Current operational instructions to the police

Football Banning orders

Circular issued Sept 2006

Diversity Proofing Tool used. Diversity issues covered in existing diversity guidance. Considered by the EAG during 2006.

Low

Will be reviewed by the end of 2007.

10. Non-harassment orders

Procedural Guidance issued 2004 - currently being consolidated under wider Domestic Violence guidance

Domestic Violence guidance being assessed using Diversity Proofing Tool and consultation with Equality Advisory Group and wider stakeholder organisations.

No issues identified for procedural guidance - Diversity issues identified in relation to Domestic Violence are fed into wider policy and draft materials and covered in other diversity guidance

No plans to review procedural guidance.

CO Circular to staff 16/2006

Diversity Proofing Tool steps1-3

Low

No plans for review

Revised Crown Office Circular on Deportation Issued July 2006

Submitted to Equality Advisory Group to assess impact of cultural or religious issues that may arise from questioning either by the police or Immigration and Nationality Directorate or from the court process.

Consultation with police, the Immigration and Nationality Directorate and the SE.

Other diversity issues covered in existing guidance on translation

Circular amended to address gender issues and assurances given to address status of civil partners.

Impact monitoring - end 2007

To be assessed using the COPFS Impact Monitoring Form

o Mental Disorder: Book of Regulations

Chapter 15 currently under revision (new legislation).

Diversity Proofing Tool will determine extent of assessment process. Equality Advisory Group expected to be consulted at draft stages.

High

Any diversity issues identified to be taken on board at the drafting stage of the revised chapter. Diversity issues also covered in existing diversity guidance.

Review expected to be completed by March 2008.

Draft guidance issued for consultation. Pending publication

Diversity Proofing Tool and submitted to Equality Advisory Group for full assessment

Guidance amended to reflect accurate terminology with reference to EOC and EU Gender Directives

o Test Purchasing of alcohol by minors

Pilot in Fife Police Area concluded in March 2007. with plans to roll-out to all Areas by end 2007.

COPFS guidance to staff currently being drafted.

Diversity issues explored by the Enforcement Group and relevant documents (e.g. protocol and guidance) are being diversity proofed using each organisations own impact assessment tools.

Low

COPFS guidance expected by November 2007

LA Guidelines to Chief Constables on Offences alleged to have been committed by children - updated 2006

Internal Proofing to ensure this procedural guidance does not discriminate unfairly.

Diversity issues addressed elsewhere.

Guidance on child accused forms part of Chapter 16 in the COPFS Book of Regulations which is currently under review.

1. Investigation of deaths - COPFS Book of Regulations

Chapter 12 re-written in 2006. Chapters 12 and 13 diversity proofed at the same time.

Inspectorate of Prosecutions Thematic Report on Liaison in Death Cases published in 2007.

COPFS Standing Group on Deaths to carry forward recommendations from Thematic Report, as well as review Chapter 12 and leaflets for nearest relatives.

Diversity Proofing Tool - steps 1-6

The drafts of the new Chapter and Manual have been reviewed by the Equality Advisory Group.

Further advice sought from Equality Advisory Group on terminology in May 2007.

Changes to terminology. Consideration of the use of the "hierarchy" at section 45 of the Human Tissues (Scotland) Bill to assist in identifying the nearest relatives.

Further diversity issues noted from Thematic Report and will be taken into account during current review.

Ongoing review

o COPFS/ACPOS Family Liaison Protocol

Report of review of compliance with Protocol - published 2007

Diversity Proofing Tool and consultation with Area Diversity Teams

Submitted to Equality Advisory Group

Working Group established to review Protocol and best practice in family Liaison.

Review of Protocol and Family Liaison best practice underway

Contracts with the Universities of Aberdeen, Dundee and Glasgow now in place. Further negotiations ongoing with a view to awarding the remaining contracts as soon as possible.

Diversity Proofing Tool

SE procurement processes followed which are designed to ensure fair, open and transparent competition without any form of discrimination.

Continuous monitoring at Area level. Additionally, the contracts require annual performance review meetings, with quarterly meetings as required.

POLICY/PRACTICE

CURRENT ACTIVITY and STATUS

DIVERSITY PROOFING STEPS

ANY DIVERSITY IMPACT NOTED and ACTION TAKEN

HOW WILL THE IMPACT BE MONITORED?

1. Complaints against the police/policy and practice review/race equality audit

Lord Advocate's Guidance to police issued in 2005

Leaflet for public published on website

The Diversity Proofing Tool was used to identify any likely equality issues.

None identified - Low priority

Guidance for the public has been issued and is a core publication for translation to ensure accessibility.

Review pending.

Chapter 22 currently being revised also taking account of the review of the Domestic Violence Protocol.

Diversity Proofing Tool steps 1-6 used.

Diversity Team and Equality Advisory Group will continue to be consulted.

High

Examples of vulnerable witnesses and support agencies extended.

Agreed future work on: requirements of vulnerable witnesses rather needs; and clarifying distinction between interpretation and translation.

Expected completion by February 2008.

Reviewed in 2003/2004 and on an ongoing basis at monthly VIA national team meetings

The formal review in 2003 went to the Equality Advisory Group.

The Equality Advisory Group was content with the review and did not advise on any changes.

Quality Assurance process in place to monitor impact of organisational changes on VIA services

o VIA Referral Categories

Reviewed in November 2006

Submitted to Equality Advisory Group

Mandatory categories extended to victims of religiously aggravated crimes.

Continuous

o Pilot of 'Opt-in' service

Opt-in Pilot completed.

Interim report to be submitted to Equality Advisory Group in February 06. Pilot found that over 90% of victims and witnesses felt that VIA provided the information they wanted, how and when they wanted it.

Comments on vulnerable categories and accessible information issues incorporated into pilot On basis of findings, Review Reference Group agreed in June 2007 to continue the "opt-out" system.

Pilot and review of service completed. No current plans for further review.

o Protocol: Witness Service/COPFS

Revised protocol operational from 1st December 2006

Assessed using Diversity Proofing Tool and submitted to Equality Advisory Group.

Protocol revised to be more accessible and fair and to take account of all vulnerable witness categories and witnesses who are otherwise disabled or have particular needs.

o Being a Witness Booklets

New booklets and associated citation letters were brought in to use in December 2006.

Material assessed using Diversity Proofing Tool and Equality Advisory Group

High -

Comments on impact noted for future review - disability and accessibility issues to be reviewed

Service user feedback.

o Meeting the Needs of Victims and Witnesses

In preparation.

Diversity Proofing Tool and submitted to Equality Advisory Group

High

Diversity Issues incorporated as advised on disability, accessibility and language needs.

o Going to Court

Published 2006

Office review (and, if necessary, update) the Going to Court sheets for all courts in their Area twice per year (in September and March).

In the March 2007 review offices were asked to ensure that the sheets contained appropriate information on disabled parking and disabled facilities in the court building.

Diversity Proofing Tool and submitted to Equality Advisory Group

High -

Comments on impact noted for future review - disability and accessibility issues to be reviewed

Service user feedback invited using questionnaire and pre-paid envelope.

o VIA Leaflets:

Sexual Violence, Deaths, Domestic Violence reviewed 2007

Diversity Proofing Tool and consultation with Equality

Advisory Group

High Priority - issues relating to all equality strands used in revision of leaflets on Deaths and Domestic Violence. The leaflet on Sexual Violence will be further informed by Impact Assessment of guidance from Sexual Offences Review.

Advice used to revise leaflets

No current plans for next review.

COPFS guidance on procedural matters to be drafted as part of the wider review and update of Chapter 16 of the Book of Regulations.

Diversity Proofing Tool will determine extent of impact assessment process.

Impact expected to be low - procedural matters only

Scottish Government led committee will be evaluation roll-out of policy and new practice.

Will be considered in light of final guidance and any recommendations from Government committee.

5. Conduct of Visual Identification Procedures

The Lord Advocate's Guidelines to police were re-issued in February 2007

Internal Diversity Proofing in support of Scottish Executive's impact assessment of new policy and procedures.

No equality issues identified in procedural guidance. Other diversity issues relating to Child Witnesses covered in existing operational and diversity guidance.

Continuous monitoring of implementation. Review of guidance will considered in light of any practice issues identified and any changes to Executive policy or legislation.

6. Children - COPFS Book of Regulations

Chapter 16 currently being revised (new legislation).

Diversity Proofing Tool.

Draft revisions will be forwarded to the Equality Advisory Group for comments and advice.

Any new diversity issues still to be identified as part of impact assessment.

Will be considered in light of Equality Advisory Group comments.

Circular 3/2007

Circular 5/2006

Circular 12/2005

Circular 3/2005

VWA Phase 1 training and guidance completed Dec 05

Phase 2 guidance published in March 2006

Phase 2 training completed in 2006

Phase 3 and 4 guidance and training underway in 2007

Diversity issues explored by the Victim Working Group and Policy Division (in particular as regards identifying vulnerability). Guidance materials have been assessed using the Diversity Proofing Tool.

Input from various external organisations, and collaboration with Scottish Executive, has informed content of guidance and training material

The implementation of phase 2 of the VWA is being monitored and assessed in relation to adult vulnerable witnesses and diversity issues will be considered as part of the monitoring process.

First Scottish Government Monitoring Report expected by end 2007

8. Visually Recording Joint investigative interviews with children

COPFS guidance on procedural matters to be drafted as part of the wider review and update of Chapter 16 of the Book of Regulations.

Diversity Proofing Tool will determine extent of impact assessment process.

Impact expected to be low - procedural matters only

Scottish Government led committee will be evaluation roll-out of policy and new practice.

Will be considered in light of final guidance and any recommendations from SG committee.

9. Children - COPFS Book of Regulations

Chapter 16 currently being revised (new legislation).

Diversity Proofing Tool.

Draft revisions will be forwarded to the Equality Advisory Group for comments and advice.

Any new diversity issues still to be identified as part of impact assessment.

Will be considered in light of Equality Advisory Group comments.

POLICY/PRACTICE

CURRENT ACTIVITY and STATUS

DIVERSITY PROOFING STEPS

ANY DIVERSITY IMPACT NOTED and ACTION TAKEN

HOW WILL THE IMPACT BE MONITORED?

Revised chapter 13 of COPFS Book of Regulations

Submitted to Equality Advisory Group in November 2006 for impact assessment

Comments relating to The Family Law (S) Act considered by QLTR in 2007

No plans for review

Review of Handbook underway

Staff Disability Advisory Group and Equality Advisory Group both involved in helping to identify priority issues for review. Contributions from external organisations, such as RNID, SAIF and others. Impact assessment of revised document pending.

Review informed by involvement of internal and external advisory groups.

Revised document pending

New Framework Published Jan 2007

Diversity Proofing Tool 1-6

Submitted to Equality Advisory Group

Consultation of Interpreting Agencies including BSL agencies

High

Impact noted and taken into account in Framework development

Annual - Statistics submitted to COPFS Area Fiscal Group

o Interpreting Code of Practice

WGIT draft code of practice pending publication

Draft Protocol submitted to Equality Advisory Group for full impact assessment - August 2006

Involvement and consultation with interpreting agencies

High

Protocol revised to give greater emphasis on diversity issues - accepted by Working Group on Interpreting and Translation

Publication pending

o Interpreter Monitoring System

Chair of WGIT (Working Group on Interpreting and Translation) that has members from across the Scottish Criminal Justice System which is developing ways to vet interpreters and to monitor the quality of interpreting.

Equality Advisory Group updated regularly on progress

Consultation and training with SASLI and Scottish educational establishments for interpreters.

High

Emphasis on improving things for criminal justice partners and for interpreters.

Will be reviewed by April 2008.

Use of Interpreter statistics submitted 3 monthly

o Language Line

Staff Training and Guidance revisited in 2007

Diversity Proofing Tool

High

Language Line statistics submitted 3 monthly

Guidance to staff issued July 2006

To be reviewed as part of Handbook review

Diversity Proofing Tool applied. Consultation with RNIB, RNID, SAIF. Guidance submitted to the EAG and Staff Disability Advisory Group

High

Pending

Monitoring mechanism for translated and transcribed documents to be developed - review annually

o Translation request Form

Revised 2006

Diversity Proofing Tool and Equality Advisory Group advice

Form extended to include Gaelic and other accessible formats. Policy on use revised and guidance issued to staff.

o Translation and Transcription Monitoring System

To be reviewed as part of Handbook review

Pending

Pending

o Happy To Translate

Pilot underway. Review report pending

Pending

Pending

POLICY/PRACTICE

CURRENT ACTIVITY and STATUS

DIVERSITY PROOFING STEPS

ANY DIVERSITY IMPACT NOTED and ACTION TAKEN

HOW WILL THE IMPACT BE MONITORED?

.

o Review of approach to monitoring of ethnicity of staff in terms of subordinate legislation

The information will be published annually on the intranet and on the internet.

It complies with all the requirements of the Race Relations (Amendment) Act 2000.

Equality Advisory Group content

HR will monitor on annual basis.

o Disability Self Declaration Policy

Draft - pending publication October 2007

Diversity Proofing Tool 1-6

Staff Disability Advisory Group involvement throughout process

Equality Advisory Group advice

High

All issues of equality of access and opportunity taken into account during development.

HR will monitor on annual basis.

Recruitment pack published in 2005 and awaiting review.

Pending review

When we review policies we will use the Diversity Proofing Tool.

Selection and recruitment schemes monitored by HR staff and subject to review by the civil service Commissioners.

Guides for chairs, members and interviewees under review to take greater account of new legislation and equality duties.

Drafts submitted to Equality Advisory Group for impact assessment Nov 2006

Wide-ranging comments on all diversity strands being considered for revised draft

Revised draft will be re-submitted to EAG for further assessment by end 2007.

Under review

Submitted to Equality Advisory Group for early advice Nov 2006

Wide-ranging comments on all diversity strands being considered for revised draft

Revised draft will be re-submitted to EAG for further assessment by end 2007.

o Childcare Voucher Salary Sacrifice Scheme

Policy and staff guidance issued in staff handbook chapter 5 July 2006

Submitted to Equality Advisory Group for impact assessment

EAG satisfied with draft - no changes

Scheme will be kept under review by HR Division

o Parental and Dependant Leave

Published 2004

Diversity Proofing Tool 1-3

Med - no changes needed

Scheme will be kept under review by HR Division

o Access To Work

New scheme in force from 1st October. Published April 2007

Involvement of Staff Disability Advisory Group and submitted to Equality Advisory Group in November 2006.

Wide-ranging comments - including how to use policy to better promote positive attitudes to disabled people.

.

Annual review by HR Division - April 2008

Draft - pending publication Oct 2007

Equality Advisory Group

Med

Increased diversity awareness and positive references

TBC

Policy under review by HR

Will go to Equality Advisory Group for assessment

Draft policy and staff guidance under review

Draft submitted to Equality Advisory Group for early assessment

Pending

o Disability Access Web Guide

Under development

Publication due late 2007

Diversity Proofing Tool 1-6

Developed with involvement of Staff Disability Advisory Group, Disability organisations, Submitted to Equality Advisory Group

High

Different disabilities addressed - physical and sensory.

o Disabled Persons

New Guidance issued 2006

Pending

High

Changes to take account of duty to promote positive attitude.

o Fire Evacuation

New Guidance available from 2006

Pending

· Induction training programme - reviewed 2006

Induction Programme reviewed and revised July 2007. Course condensed to 2 days whilst retaining all previous content covered by face-to-face delivery and elearning.

Diversity Proofing Tool used internally.

Diversity team involved in revision process in 2007. Diversity Awareness Programme combined with induction.

High

Diversity issues highlighted within programme - commitment to ensuring diversity addressed positively within induction programme and to make material accessible to diverse staff population.

Evaluation of participants

· COPFS Diversity Awareness Programme

Formal Review pending

Continuous assessment involving external advisors and presenters.

High

All strands of diversity are addressed in programme.

Evaluation of participants

Published 2006

Diversity Proofing Tool steps1-3

Submitted to Staff Disability Advisory Group (SDAG)

SDAG to develop 'best practice' guide to complement Design Guide

Development of Good Practice Guide ongoing

Equalities integral part of procurement policy at SE, UK and EU levels. Procurement policies and procedures already designed to ensure fair, open, transparent competition without any form of discrimination.

Legal requirement to treat all equally in procurement process. Built into procurement processes including Terms & Conditions of contract and published documents on website.

Reminded Scottish public sector and own staff of obligations June 2004 and signposted to CRE publications on race relations and equality issues.

Review October 2007

Suppliers who fail to meet obligations can be excluded from further business.

REAP - published 2002

DEAP published Dec 2006

GEAP published April 2007

Full consultation and involvement of Areas and Stakeholder organisations / individuals

High

The actions and priorities in all our action plans have been set in consultation with a wide range of stakeholder organisations and the involvement of disabled staff and public.

The COPFS Action Plans are live documents and updated regularly as targets are achieved and new priorities identified.

Race Equality Action Plan - next review Nov 2008

Disability Equality Action Plan - first review Nov 2007

Gender Equality Action Plan - first review March 2008

COPFS Diversity Structure published on websites in 2005

In consultation with Equality Advisory Group

Diversity Strategy reviewed following publication of Disability and Gender Equality Action Plans in December 2006.

The Diversity Strategy Group, meets 6 monthly and is chaired by the Solicitor General,

Area Diversity Teams have responsibility locally.

Diversity awareness programme developed and rolled out to all staff 2003-2005

See Section 8 above on Staff Training

Diversity Proofing Tool (DPT - impact assessment) developed and published in 2005

DPT reviewed and updated Aug 2007

Our review reflected the updated SE impact assessment tool

All Fiscal Areas consulted

Revised Diversity Proofing Tool submitted to Equality Advisory Group and Staff Disability Advisory Group in December 2006

Diversity Proofing Tool assesses impact of polices /practice on all strands of diversity

Use of DPT is evidenced in the published Diversity Proofing Progress Chart - 6 monthly update

Established in June 2003

Review of remit and membership in 2007 to take account of extended Public Duties and Equality Action Plans

Remit clarified

Membership extended to cover expertise in mental health

Programme of visits to Area agreed to increase awareness of diversity

Continuous

POLICY/PRACTICE

CURRENT ACTIVITY and STATUS

DIVERSITY PROOFING STEPS

ANY DIVERSITY IMPACT NOTED and ACTION TAKEN

HOW WILL THE IMPACT BE MONITORED?

Circular 7/2006: Guidance to specialist prosecutors and SEPA - published 20 June 2006.

Diversity Proofing Tool used.

Low

Diversity issues covered in existing diversity guidance.

Regular review by users and SEPA/COPFS liaison.

Guidance to Procurators Fiscal issued December 2005.

Low

Diversity issues covered in existing diversity guidance.

No Plans to review.

Circular 17/2006

Diversity Proofing Tool used.

Low

Diversity issues covered in existing diversity guidance.

To become effective 3 October 2006 and will be reviewed October 2007

Chapter 14 Book of Regulations - Revised 2004

Low

No plans for review