Lawyers warn Holyrood of understaffed Crown Office and ‘leeching away’ of PF deputes’ discretion

In submissions made to Holyrood’s Justice Committee, there was agreement between the Glasgow and Edinburgh bar associations that COPFS is understaffed and dealing with an overwhelming volume of work. Both associations, as well as the Law Society of Scotland, also pointed to communications problems that could be solved by simply introducing direct dial numbers and taking on more staff to break the logjam of pending cases.

The Glasgow Bar Association (GBA) stated: “It is fair to say that deputes dealing with summary prosecutions are ‘firefighting’ and it is widely acknowledged that unless you are telephoning to discuss a case which is calling within days, then it is extremely unlikely that a depute will be available to discuss the case.”

The Edinburgh Bar Association (EBA) said: “Very few of the specific issues raised in this response could not be solved, or at least materially improved, with the assistance of additional personnel.”

On the issue of discretion, the EBA stated that “the leeching away of the discretion of the procurator fiscal depute in court to take decisions on the prosecution is the greatest enemy to efficiency and effective management by COPFS”.

And, in cases where there is discretion, the EBA added that “there seems to be a culture of fear amongst deputes in exercising it” because “they do not want to be seen to ‘put their heads above the parapet’”.

The Aberdeen Bar Association (ABA) also criticised the lack of discretion afforded deputes, stating: “We in the Aberdeen Bar recognize the enormous stress Deputes in Court face, and we empathise when intelligent, and fair-thinking Procurator Fiscal Deputes are bound by what are often perceived to be political concepts and policies, which constrain the power of the PF to get on with the job in hand; that is to focus on ensuring justice is done.

“Most importantly, PF Deputes should be allowed to be lawyers. Deputes should be given the freedom to assess and evaluate each case individually, and on its own merits.”

Respondents also said there was a lack of awareness amongst their members of the Inspectorate of Prosecution in Scotland – the independent, statutory inspectorate for COPFS, whose role is to report to the Lord Advocate on COPFS in relation to any issue the latter refers to it.

The Justice Committee is due to hear from bar associations and other organisations today.