‘Undoubted pressure’ on Scotland’s prosecution service to run domestic abuse cases, say lawyers

Holyrood’s Justice Committee has today published a report following its inquiry into the Crown Office and Procurator Fiscal Service (COPFS) and praises COPFS staff for working hard to cope in the face of squeezed finances and new, complex criminal cases, but noted that there is no room for complacency in an organisation “just about managing”.

Defence agents have said the domestic abuse policy, a Joint Protocol between COPFS and Police Scotland is being applied quite rigidly.

Derek Ogg QC told the committee that he had had “…personal experience as counsel where I have been told by fiscals that we simply had to proceed. They do not even bother now going to their senior—that might be part of the culture, because it might be seen to be causing a bit of trouble if they were to say, ―This isn‘t going anywhere.”

Rachael Weir of the Procurator Fiscals section of the FDA said that in her 19 years as a prosecutor she had “never initiated proceedings in a case where I did not believe that a crime had been committed and where I did not think there was a sufficiency of evidence”.

However, evidence provided anonymously by one fiscal said that, in practice, domestic abuse cases were being run “with insufficient evidence to prove the case”.

Two trainee fiscals turned defence agents whom the committee met privately expressed similar views, saying there was undoubted pressure to run domestic abuse as well as racial and stalking cases regardless of strength.

The Lord Advocate, James Wolffe QC, told the committee he would “not apologise for a robust prosecution policy” and refused to accept the suggestion a prosecutor would “deliberately raise proceedings when they did not believe that there was sufficient evidence to prosecute the case”.

He added that, if this were to happen, it would be a “serious matter”.

The committee said it “…notes the differing views it has received during this inquiry as to the COPFS‘s application of the protocol, notes the Lord Advocate‘s response to it, and asks the COPFS and the Scottish government to reflect further on the views that the committee heard.”

“This report, its findings on the service’s strengths and weaknesses, and its recommendations are a considered, cross-party view following six months of work.

“These findings must be taken into account by COPFS management and the Scottish government. There is no room for complacency, and the committee will be keeping close watch on developments.”