Compliance with Lord Advocate's Guidelines for the Reporting of Racist Crime
Third Survey, covering the period from 1 July 2005 - 31 December 2005
The third survey on compliance with the Lord Advocate's guidelines on the reporting of racist crime examined 902 police reports from across Scotland over a six-month period. As in previous surveys, the review examined the content of police reports to Procurators Fiscal in respect of racist incidents, as well as the processing of these cases by Procurators Fiscal.
This third survey found an increase in the number of reports which advised of the perception of the victim and witnesses as to the motivation for the incident (up 6.1%), as well as an increase in the number of reports which set out the impact of the crime on the victim, their family and community (up 5.2%).
There was a decrease in the number of cases being submitted to Procurators Fiscal by other than the preferred means of undertaking or custody (down 8.6%).
This is the last survey that will be carried out by the Crown Office and Procurator Fiscal Service (COPFS) in this way dealing with police reports. In future the surveys will be carried out 6 monthly and will be capable of comparison with the three surveys that have been completed to date. We will continue to publish the survey results as a demonstration of the commitment of COPFS and the Scottish police forces to deliver a fair and affective quality service to the victims of racially aggravated crime.
STATISTICS FROM THE MONITORING EXERCISE CONDUCTED BY THE CROWN OFFICE AND PROCURATOR FISCAL SERVICE OF THE POLICE COMPLIANCE WITH THE LORD ADVOCATE'S GUIDELINES FOR THE REPORTING OF RACIST CRIME; 2005
These statistics were compiled from copies of police reports submitted to Procurators Fiscal throughout Scotland and reflect information gathered in a six-month period from the 1st of July 2005 to 31st December 2005.
There were 902 reports examined during this period.
· 85.1% of reports advised of perception of the victim and witnesses as to whether an incident was racist or not.
· 22.9% of reports were submitted to the PF as ordinary reports in ordinary time not, by the required methods - custody/undertaking/prompt report for warrant or other reason.
· 79.6% of reports set out the impact of the crime on the victim.
· 69.2% of case reports set out the impact of the crime on the victim's family and community.
· 14.2% of reports demonstrated that the interpreting needs of an accused and/or witness were not addressed.
· Where the need for an interpreter was identified, 60.5% of those reports specified both language and dialect.
· 55.5% of reports in which assessment of interpreting needs provided included information on the ethnic and religious background of the individuals requiring interpreting services.
· 11.9% of reports demonstrated that the translation needs of an accused and/or witnesses were not addressed.
· Procurators Fiscal required to alter the type of charge in 38.5% of cases.
· Procurators Fiscals failed to comply with prosecution policy in 3.99% of reports.
· In less than 1% (0.89%) of cases, prosecution policy was not complied with by the Prosecutor at court stage (after consideration by Area Procurator fiscal).
· 4.77% of reports were marked for "No Proceedings."
· There were 18.8% of cases/reports in which convictions were obtained after pleas of guilty.
· There were 3.44% of reports in which pleas of guilty were accepted after whole or partial deletion of the racial element.
· There were 88.5% of reports in which proceedings taken by a Procurator fiscal included either the Section 50A offences of racially aggravated harassment and behaviour or the Section 96 racial aggravation.
· 4.43% of reports included Section 50A(1)(a) offences.
· 73.9% of reports included Section 50A(1)(b) offences.
· 23.5% of reports included Section 96 aggravation.
· 1.88% of reports were marked for "Warning Letters."
· 863 police reports received contained racially aggravated charges or the statutory racial aggravation.
· 39 police reports included a racist incident but no racially aggravated charges or the statutory racial aggravation.