4 August 2010
AREA FISCALS GROUP/AREA BUSINESS MANAGERS GROUP
MINUTES OF MEETING HELD ON 4 AUGUST 2010 AT THE RADDISON HOTEL, 80 HIGH STREET, EDINBURGH
Present:
(Chair) Lesley Thomson, Area Fiscal, Glasgow
Morag McLaughlin, Area Fiscal, Lothian and Borders
Gavin Anderson, Business Manager, NCD
Janet Cameron, Area Fiscal, Lanarkshire
Gordon Campbell, ABM, Tayside
Angus Chisholm, ABM, Highland & Islands
Peter Collings, Deputy Chief Executive
Bill Comrie, ABM, Glasgow
Anne Currie, Area Fiscal, Grampian
Catriona Dalrymple, Interim Area Fiscal, Fife
John Dunn, Deputy Crown Agent
Janet Fulton, ABM, Ayrshire
David Gordon, ABM, Lothian & Borders
David Harvie, Area Fiscal, Central
Pat Hughes, ABM, Fife
Janice Irvine, Director of Human Resources
Graham Kerr, ABM, Argyll & Clyde
Andrew Laing, Area Fiscal, Highland & Islands
Rosemary Lester, Business Manager, Policy Division
John Logue, Head of Policy Division
John MacFarlane, ABM, Central
Sandy Mackie, HR Business Partner
Michelle Macleod, Area Fiscal, Central
Alan Malone, CO Operations Manager
Lynne McNaughton, HR Services Manager
Ruth McQuaid, Area Fiscal, Dumfries and Galloway
John Regan, ABM, Grampian
Ralph Riach, ABM, Dumfries & Galloway
John Tannahill, Head of Strategy & Planning
Geri Watt, Director of Strategy and Delivery
John Watt, Area Fiscal, Argyll and Clyde
In attendance:
Lorraine Almond, Policy Division
Mike Bell, Glasgow High Court Division
Catherine Dyer, Crown Agent
Mark Howells, Director of Finance
Alistair Logan, NCD
Kevin McArthur, Secretary
Lindsey Miller, Head of NCD
Sara Shaw, Secretary
Apologies:
Bridget Campbell, Non-Executive Director
Catherine Cunningham, Strategy & Delivery Division
Nancy Darroch, ABM, Lanarkshire
Tom Dysart, Area Fiscal, Tayside
Jacqueline Mullen, DBM, Glasgow
Scott Pattison, Director of Operations
Gillian Sweeney, DBM, Glasgow
Welcome
1. Lesley Thomson welcomed everyone to the meeting. In particular, she welcomed David Harvie as the new Area PF for Central.
2. Apologies were received from Bridget Campbell, Nancy Darroch, Tom Dysart, Jacqueline Mullen, Scott Pattison, Catherine Cunningham and Gillian Sweeney.
Minutes of Previous Meeting and Matters Arising
3. The minutes of the previous AFG and ABM meetings held in June 2010 were approved.
4. Lesley Thomson addressed the action points from the previous meeting. She confirmed that most of the actions are complete. It was agreed that the third action for Geri Watt to establish whether the performance and workload figures can be populated by the MI book, will be carried forward to the next meeting. Lesley advised that a written actions update would be issued for future meetings.
Action: Geri Watt
5. John Dunn updated the meeting on the ongoing work with the police regarding the gathering and preparation of evidence in terms of Schedule 8 of the Criminal Procedure (Scotland) Act 1995. He advised that COPFS would be involved in delivering training for ACPOS at Tulliallan later this month. He also confirmed that contact had been made with other agencies affected, e.g. HMRC, DWP & COSLA. He advised that an e-learning package is being prepared for COPFS staff on the operation of Schedule 8.
Data Migration
6. John Tannahill introduced paper AFG/ABM(10)17 which sought Area PFs' and ABMs' views on the options for Data Migration from FOS to Phoenix.
7. John advised the meeting that the original intention had been to migrate all cases to the new system but following careful consideration of what approach was best for the business of the Service a number of other options have been considered, and have now been narrowed down to three.
8. He explained and presented three options for data migration from FOS to Phoenix:
i.
Option One - there would be no data migration and staged roll-out of Phoenix to offices across the country. Staff would work from two systems until all of the cases currently processed in FOS were closed (15 months approx).
ii.
Option Two - all of the closed cases would be migrated to Phoenix prior to the go-live date for the first office switch over to Phoenix and the remaining cases will be migrated to Phoenix in line with the office to office roll-out plan.
iii.
Option Three - all closed and summary cases (office to office) would be migrated to Phoenix, and solemn cases would be left in PROMIS and copied over to Phoenix when closed.
9. During discussion, it was agreed that any potential for corruption of the data on Phoenix, via the migration of old data from FOS, should be avoided. The general consensus was that Option One is the preferable option because of its benefits in terms of data integrity, cost and minimal risk to the new system.
Criminal Justice & Licensing Bill
10. Lesley Thomson welcomed Lorraine Almond and Alistair Logan to the meeting.
11. Lorraine Almond introduced paper AFG/ABM(10)12 which advised Area PFs and ABMs about the ongoing work to implement the provisions of the Criminal Justice & Licensing Bill. It also sought their views on (i) whether there is a business need to prioritise any particular provisions in the Bill for immediate commencement, and (ii) whether there is scope for end users to input and provide feedback on draft guidance for COPFS staff.
12. Lorraine explained that a Bill implementation group has been set up to look at what is required in terms of training and guidance for staff. She advised that it was likely that there would be some form of e-learning package and current guidance would require to be updated in light of the Bill. She explained that the group wanted to canvass the possibility of operational staff being involved in the development of new and revised guidance materials, effectively to quality assure them, and, in particular, to ensure that they are easy to understand and located on PF Eye where staff would expect to find them.
13. It was proposed that the quality assurance work could primarily be done through the Forums. It was agreed that Area representatives on Forums would get input from other members of staff in their Area, including Area and District PFs, and provide input and feedback to Policy in that way, via the Forums.
14. There was discussion about various provisions in the Bill regarding whether there was a business need for immediate commencement, and whether that was feasible on a practical basis. It was agreed that Area PFs and ABMs should provide feedback to Lorraine by the end of the week identifying any provisions that may be suitable for immediate commencement.
Action: Area PFs & ABMs
15. Lorraine Almond introduced paper AFG/ABM(10)11 which sought Area PFs and ABMs (i) approval of the proposed prosecution policy for the new offences of "stalking" and "threatening and abusive behaviour" in the Criminal Justice and Licensing (Scotland) Bill, and (ii) views on the timescale for commencement of these provisions.
16. There was discussion about the new offences and the current common law offence of breach of the peace, and the circumstances in which each offence would be appropriate.
17. It was agreed that Policy Division would further consider and revise the proposed policy and then re-circulate to Area Fiscal's Group for their views.
Action: Policy Division
18. Lorraine Almond introduced paper AFG/ABM(10)10 which informed Area PFs and ABMs about the provisions in the Criminal Justice and Licensing (Scotland) Bill relating to witness anonymity orders, and sought their approval of the proposed procedure for dealing with applications for these orders.
19. It was agreed that applications for these orders, particularly where they involve sensitive and confidential issues, should be routed through Area PFs, and that the Head of the National Casework Division will have an advisory role but need not be made aware of the detail of each application.
Finance
20. Peter Collings provided the meeting with an update on the current outlook in respect of the COPFS 2011-12 budget. He advised that he still anticipates that there will be a significant reduction in the COPFS budget in 2011-12 and that further reductions after that, will be spread throughout the following three year period. However he reminded everyone that the position will remain unclear for a few months until the Scottish Government budget, and the COPFS budget, are announced later in the year.
21. Mark Howells advised that the Business Planning round for 2011-12 would still take place in October 2010 and at that stage, although the budget for 2011-12 is uncertain, business planning should take account of the anticipated reduction in the budget, and the initial allocation of budgets within COPFS for 2011-12 will only be provisional.
22. Janice Irvine advised the meeting that the Workforce Strategy Group (WSG), having received a few initial business cases from Areas with regard to filling staff vacancies, has been considering how best to plan for the remainder of the current financial year and also take account of the need to prepare for the 2011-12 financial year as vacancies and other staffing changes arise between now and 31 March.
23. There was discussion about the use of temporary promotion. It was agreed that it was appropriate to continue to consider using temporary promotion as appropriate until 31 March 2011. Geri Watt highlighted the importance of flexibility in trying to achieve a relatively smooth transition from this year into the next, and also the need to demonstrate to the SBG that consideration has been given to alternative ways of working.
Future Provision of High Court Juniors & Noters
24. Lesley Thomson welcomed Safeena Rashid to the meeting. Alan Malone introduced paper AFG/ABM(10)14 which advised Area PFs and ABMs of ongoing discussions concerning the future provision of juniors and noters in the High Court and invited comments on recommendations arising from a recent review of this subject.
25. Following discussion of various options as to how support could be provided to Crown Counsel, it was agreed that Alan would give further consideration to the proposals for the future provision of noters and juniors in the High Court, and carry out further analysis of the resource required.
Action: Alan Malone
National Deaths Unit
26. Lesley Thomson welcomed Lindsey Miller and Mike Bell to the meeting.
27. Lindsey Miller provided the meeting with an update on the implementation of the recommendations from the COPFS Deaths Review and Lord Cullen's Report.
28. Mike Bell advised the meeting that the new National Deaths Unit will be opened on 4 October 2010 and will be housed at Ballater Street in Glasgow.
29. Mike advised that during September he will be involved in scoping work and he intends to visit all Area Deaths Units.
ATLAS (Access to Legal Advice in Scotland) Project
30. Michelle Macleod provided an update on the work being done effectively to project manage the possible outcomes of the Supreme Court's recent considerations as to whether a suspect requires access to a solicitor in order to ensure compliance with Article 6 of the European Convention on Human Rights in the case of
Cadder v HMA. The final decision is due to be published in October 2010.
31. Michelle thanked all Areas for their feedback on the impact and effects of recent revised guidance on procedures in respect of
Cadder.
Counter Terrorism
32. John Dunn introduced paper AFG/ABM(10)13 which sought the members' approval to a change in the communication path in a terrorist incident and invited them to note that David Harvie will now take lead responsibility for COPFS on Policy and Operational matters in Counter Terrorism.
33. The contents of the paper were noted and agreed.
Complaints Handling Review
34. Sara Shaw introduced paper AFG/ABM(10)15 which advised of the work of the Complaints Handling Project in the revision of the COPFS Customer Feedback Policy including guidance and training.
35. The meeting were invited to provide comments on the proposed plan for the launch of the revised policy by Wednesday 11 August.
Action: Area PFs/ABMs
Portfolio Updates
Summary
36. Michelle Macleod advised that the Summary Forum met in July and has set up two groups to look at processes, including the common reasons for court 'churn'.
37. Areas were encouraged to advise their respective Forum members of any Summary issues or suggestions so that they can be considered at the next meeting.
Action: Area PFs & ABMs
Greener Agenda
38. Anne Currie encouraged Areas to do as much as they can to introduce a greener agenda in their respective offices. The group were advised of several ways in which COPFS can have an immediate impact in terms of becoming a greener organisation.
Sexual Offences
39. Janet Cameron updated the meeting on the training and guidance for the introduction of the Sexual Offences Act. She advised that a course on the new legislation and procedures has been piloted and will commence shortly for all legal, PO and VIA staff.
40. Janet indicated the commencement date of Act has been postponed from 1 October 2010 to 1 December 2010.
Purpose Driven Precognition
41. John Watt introduced paper AFG/ABM(10)18 inviting the meeting to note the revised draft of the proposed guidance on "Purpose Driven Precognition" which incorporates the comments provided after consideration of Area Fiscals Group paper AFG(10)21.
42. He also advised the meeting on the proposed plan for communication, consultation and roll out of the new procedures. The contents of the paper were noted.
Senior Management Seminars
43. Bill Comrie introduced paper AFG/ABM(10)19 which invited the meeting to consider and decide on the best format for the autumn Senior Management Seminars.
44. The meeting agreed that further consideration should be given to the format and content of the Seminars and that a small group which includes an Area Business Manager from each Federation and a representative of the Crown Secretariat should meet to discuss further.
Action: Bill Comrie
AOB
45. Geri Watt advised of the work being done to make the necessary percentage savings in this and future financial years. She stressed the importance of working together and proposed the creation of a mechanism to capture all work being done in Areas, and centrally in Crown Office.
46. Geri suggested that portfolio owners should concentrate on how the necessary savings can be made in their business areas.
47. The meeting agreed that they have been encouraged by the engagement of our criminal justice partners in working with COPFS to identify areas of potential savings.
48. Morag McLaughlin advised the meeting of the Inspectorate of Prosecution in Scotland's current and future work programme. She highlighted the publication of the thematic report on the use of Compensation Offers and combined Fiscal Fines and Compensation Offers in February 2010, the commencement of a series of joint thematics with Her Majesty's Inspectorate of Constabulary on victims in August/September 2010 and a thematic on knife crime commencing in August 2010.
49. John Logue advised the meeting on COPFS involvement in a Scottish Government initiative to build links between Scotland and Malawi, in particular its funding of a charity, Challenges Worldwide (CWW), to build capacity in the justice sector.
AFG Secretariat
4 August 2010