Summary

  • The Justice Committee takes evidence on the role of the Crown Office and Procurator Fiscal Service

  • Air pollution and the Scottish Ambulance Service are raised during topical questions

  • The government lead a debate on protecting Scotland's interests in negotiating our future relationship with Europe, following Theresa May's statement.

  • SNP MSP Stewart Stevenson leads this evening's member's debate entitled 'A Sea of Opportunity'

  1. 'There is a need to reinvigorate that discontinuation policy'published at 11:38 Greenwich Mean Time 17 January 2017

    Crown Agent David HarvieImage source, bbc
    Image caption,

    Crown Agent David Harvie

    Mr Wolffe says across the system the data shows 8% of cases are discontinued.

    The Lord Advocate says this could be due to new information or new evidence.

    Crown Agent David Harvie says there is a need to reinvigorate that discontinuation policy.

  2. 'Absolute confidence'published at 11:31 Greenwich Mean Time 17 January 2017

    Quote Message

    I have absolute trust and confidence in those who prosecute on my behalf up and down the country."

    James Wolffe, Lord Advocate

  3. Advantages and disadvantages to centralised case markingpublished at 11:30 Greenwich Mean Time 17 January 2017

    SNP MSP Rona Mackay asks if centralised case marking was brought in as a cost saving exercise and asks if it has been successful.

    Lord Advocate James Wolffe says this is an example of an issue that has been raised where there are advantages and disadvantages.

    Lord Advocate James Wolffe
    Image caption,

    Lord Advocate James Wolffe

    Mr Wolffe says there ought to be a consistent set of standards applied to each case and centralised case marking helps with this.

    He says the system can accommodate issues that are of particular concern with a case and these may be highlighted by the police.

  4. Issues with the information and support for victims and witnessespublished at 11:19 Greenwich Mean Time 17 January 2017

    Committee convener Margaret Mitchell says there is no doubting the sincerity of the government and COPFS in terms of the treatment witnesses.

    However, Ms Mitchell says victims of sexual assault and other victims gave evidence about problems with the information provided.

    The Conservative MSP says there is fundamental problem there and the language in the communications must be looked at.

    Committee convener Margaret MitchellImage source, bbc
    Image caption,

    Committee convener Margaret Mitchell

    Crown Agent David Harvie says this issue is worthy of significant reflection and further work.

    Ms Mitchell says one person told members of the committee: "If you ask me would I do it all again, absolutely not."

    She says witnesses and victims must have confidence in the system.

    Mr Harvie agrees: "Indeed."

  5. SNP MSP says victims and witnesses need a one stop shop to guide thempublished at 11:14 Greenwich Mean Time 17 January 2017

    SNP MSP Mairi Evans says victims and witnesses need a one stop shop to guide them.

    Ms Evans asks if the COPFS is looking at the issue of victims of crimes coming into contact with perpetrators.

    SNP MSP Mairi EvansImage source, bbc
    Image caption,

    SNP MSP Mairi Evans

    Lord Advocate says one should not underestimate the process of taking evidence is a difficult one for many vulnerable victims of crime.

    Mr Wolffe says it is entirely right that the process is looked at to ensure it does not exacerbate the impact of the original crime itself.

    He says issues of court buildings is for the Court Service and a special service allows some victims to be shielded or to give evidence from a remote site.

  6. Is the COPFS proactive enough?published at 11:10 Greenwich Mean Time 17 January 2017

    Lord AdvocateImage source, bbc
    Image caption,

    Lord Advocate

    Labour MSP Mary Fee says witnesses told her the service is not proactive enough for them.

    Ms Fee asks if this something the COPFS will look at, particularly in terms of vulnerable witnesses.

    The Lord Advocate says it is entirely right accurate and timeous information is provided to victims and other vulnerable witnesses.

    Mr Wolffe says it is entirely right a point of contact is provided for them to appropriately engage with the system 

  7. Misunderstandings within evidence over the role of the Crown Office says Mr Harviepublished at 11:07 Greenwich Mean Time 17 January 2017

    Tory MSP Oliver Mundell says some staff have suggested that on a day to day basis not a lot has changed in terms of workload.

    Crown Office Agent David Harvie

    Crown Agent David Harvie says, within the evidence, there has been some misunderstanding of the role of the Crown Office and what people can reasonably expect.

    Mr Harvie says that is not to say that people should not expect more support, but there is a debate to be had as to whether more support should be provided by the prosecutor.

  8. Postpublished at 11:03 Greenwich Mean Time 17 January 2017

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  9. Crown Office Agent says the vast majority of individuals are provided with a good servicepublished at 11:03 Greenwich Mean Time 17 January 2017

    Crown Agent David Harvie says frankly the vast majority of individuals are provided with a good service.

    Mr Harvie says there are individuals who have not had a good enough service. 

    Lord Advocate James Wolffe says the importance of the confidence of victims in the system is crucial for prosecutors to do their job.

    Crown Office

    Mr Wolffe says within his professional lifetime there was a criminal justice system that really paid no regard to the needs of witnesses.

    He says: "We have come a remarkable distance" since then.

    The Lord Advocate says victims of sexual offences have more confidence in the system, and he would like there to be more confidence in it.

  10. Crown Office 'accepts and regrets' service provision failures says Mr Harviepublished at 11:01 Greenwich Mean Time 17 January 2017

    Tory MSP Oliver Mundell asks if the Lord Advocate would accept that stakeholders have serious concerns about the work of COPFS.

    Lord Advocate James Wolffe says "that cannot be disputed" and that he has read the evidence.

    David Harvie

    Mr Mundell says there appears to be a belief that the Crown Office has not delivered justice for individuals.

    Crown Agent David Harvie says there has been evidence from individuals and stakeholders showing service provision failures. 

    Mr Harvie says he "accepts and regrets" this. 

  11. Postpublished at 10:56 Greenwich Mean Time 17 January 2017

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  12. Lord Advocate says he hopes there is no lack of confidence in the fundamental work of the COPFSpublished at 10:55 Greenwich Mean Time 17 January 2017

    Conservative MSP Oliver Mundell says data is only one part of the picture and a perception of shortcomings in COPFS is worrying.

    Lord Advocate James Wolffe says: "Plainly if important stakeholders have a poor perception of the service that is a matter of concern."  

    Mr Wolffe says it is important to look at the data.

    Lord Advocate James WolffeImage source, bbc
    Image caption,

    Lord Advocate James Wolffe

    Mr Wolffe says he recognises immediately that there are a whole range of perceptions around issues of communication and witness engagement.

    The Lord Advocate says he hopes there is no lack of confidence in the fundamental work of the COPFS.

    He says of those cases prosecute there is a conviction rate of 80%, suggesting the decision making is robust.

  13. Number of full time equivalent prosecutors dropped from 550 to 526published at 10:53 Greenwich Mean Time 17 January 2017

    Committee Convener Margaret Mitchell asks if it is correct that the number of full time equivalent prosecutors has dropped by 24 - from 550 to 526.

    Mr Harvie says that this is correct

  14. Fixed term contracts or permanent contractspublished at 10:51 Greenwich Mean Time 17 January 2017

    Labour MSP Mary FeeImage source, bbc
    Image caption,

    Labour MSP Mary Fee

    Labour MSP Mary Fee ask Mr Harvie about fixed term contracts for staff in the COPFS.

    Ms Fee asks about legal and non-legal staff on fixed term contracts and asks will there be a point where there are no fixed term contracts.

    Crown Agent David Harvie says the move to more permanent contracts was initially in relation to legal staff and that is a continuing journey.

    He says for non-legal staff that is the next phase, but not all will get permanent contracts. 

  15. Mr Harvie seeks to give assurances that work is ongoing on 'live issues'published at 10:50 Greenwich Mean Time 17 January 2017

    Crown Agent David Harvie says there are some issues which are historic and some which are live and the Crown Office are seeking to address live issues.

    Mr Harvie says he has sought, where possible, to give reassurances that work is ongoing on live issues.

    He says all the issues highlighted and evidence collected will be used as a part of the review. 

    Mr Harvie says it is not the case that the Crown Office "will just close the door" and disagree on issues, they will seek to rectify them. 

  16. Crown Office Agent David Harvie says there is no misrpresentation of the issuespublished at 10:47 Greenwich Mean Time 17 January 2017

    Crown Office Agent David HarvieImage source, bbc
    Image caption,

    Crown Office Agent David Harvie

    Lib Dem MSP Liam McArthur says he found Mr Harvie's letter helpful but there was a sense that much of the evidence had been dismissed.

    Mr McArthur says concerns have been raised by key stakeholders in the COPFS.

    He says he struggles to understand their evidence about concerns and the evidence today.

    Crown Agent David Harvie says he is not misrepresenting the issues and where data is available it is used.

    Mr Harvie says after the appointment of the new law officers, the COPFS sought to take forward a number of issues.

  17. Lord Advocate says 'We are not complacent about' about staff issues.published at 10:45 Greenwich Mean Time 17 January 2017

    Lord Advocate James Wolffe says: "We are not complacent about it, there is encouragement to be taken from that survey".

    SNP MSP Fulton Macgregor says he has had to wait for his supplementary for 20 to 30 minutes and says he got a response from the Lord Advocate having written to him almost immediately.

    Mr Macgregor ask what changes might be expected by the justice system.

    Lord Advocate James Wolffe
    Image caption,

    Lord Advocate James Wolffe

    Lord Advocate James Wolffe says at the moment 52,000 trials are set down in a given year, of those 39,000 run.

    He says 460,000 witnesses are cited to summary trials and there is scope to not fix trials in cases that are not likely to run.

    Mr Wolffe says there can be improvements in how children and vulnerable witnesses are dealt with.

    He says the ambition is to deal with their evidence in a different way.

  18. Survey suggests staff satisfaction getting better says SNP MSPpublished at 10:38 Greenwich Mean Time 17 January 2017

    SNP MSP Stewart Stevenson asks if the Lord Advocate agrees that it is a good thing that there has been an increase in staff suggesting that the workload, along with work life balance, is getting better.

    Mr Stevenson says this does not remove the need for change but it does suggest things are moving in the right direction.

    SNP MSP Stewart Stevenson

    The Lord Advocate says he "entirely agrees" with Mr Stevenson.

    Mr Wolffe says in the 2016 survey, 60% of staff indicated that they want to stay working with COPFS.

    He says things appear to be moving in the right direction.

  19. Postpublished at 10:33 Greenwich Mean Time 17 January 2017

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  20. 'There is an opportunity to look at how the system works in a different way'published at 10:33 Greenwich Mean Time 17 January 2017

    Crown Agent David Harvie says if a witness fails to attend a trial the inconvenience has multiple impacts, on other witnesses, the accused and the system.

    Mr Harvie says there is an opportunity to look at how the system works in a different way.