An overview of Scotland’s criminal justice system Prepared for the Auditor General for Scotland and the Accounts Commission September 2011 Auditor General for Scotland The Auditor General for Scotland is the Parliament’s watchdog for helping to ensure propriety and value for money in the spending of public funds. He is responsible for investigating whether public spending bodies achieve the best possible value for money and adhere to the highest standards of financial management. He is independent and not subject to the control of any member of the Scottish Government or the Parliament. The Auditor General is responsible for securing the audit of the Scottish Government and most other public sector bodies except local authorities and fire and police boards. The following bodies fall within the remit of the Auditor General: • directorates of the Scottish Government • government agencies, eg the Scottish Prison Service, Historic Scotland • NHS bodies • further education colleges • Scottish Water • NDPBs and others, eg Scottish Enterprise. The Accounts Commission The Accounts Commission is a statutory, independent body which, through the audit process, requests local authorities in Scotland to achieve the highest standards of financial stewardship and the economic, efficient and effective use of their resources. The Commission has four main responsibilities: • securing the external audit, including the audit of Best Value and Community Planning • following up issues of concern identified through the audit, to ensure satisfactory resolutions • carrying out national performance studies to improve economy, efficiency and effectiveness in local government • issuing an annual direction to local authorities which sets out the range of performance information they are required to publish. The Commission secures the audit of 32 councils and 45 joint boards and committees (including police and fire and rescue services). Audit Scotland is a statutory body set up in April 2000 under the Public Finance and Accountability (Scotland) Act 2000. It provides services to the Auditor General for Scotland and the Accounts Commission. Together they ensure that the Scottish Government and public sector bodies in Scotland are held to account for the proper, efficient and effective use of public funds. An overview of Scotland’s criminal justice system 1 Contents Summary Part 2. The cost of criminal justice The length of time taken to process Page 2 in Scotland cases has improved but the process Page 15 is still inefficient Background Key messages Inefficiencies in processing cases Summary of key messages through court cost the criminal Page 3 The criminal justice system cost an justice system at least £10 million estimated £857 million in 2009/10 in 2009/10 Recommendations Page 16 Page 27 Page 4 New legislation and case law have Improving the efficiency of the Part 1. How Scotland’s criminal cost implications court system could deliver savings justice system works Page 18 Page 30 Page 5 The criminal justice system is Part 4. Effectiveness in reducing Key messages demand led and managing demand reoffending is difficult for some bodies Page 32 Scotland’s criminal justice system is Page 19 complex Key messages Page 6 Budgets of the main criminal justice bodies have reduced in 2011/12 Reoffending is a common and Many bodies are involved with Page 20 costly problem different roles and accountabilities There are risks to the long-term There has been little progress on The criminal justice system deals sustainability of services the Scottish Government’s with a large number of cases and Page 22 national indicator to reduce the involves many different people reconviction rate Part 3. Efficiency of the criminal Page 33 The criminal justice system justice system focuses on ensuring due process Page 23 In 2009/10, an estimated £81 million is followed, rather than meeting was spent by criminal justice bodies people’s needs Key messages on services to reduce reoffending Page 8 The efficiency of the criminal justice Services to support offenders Scotland’s criminal justice system system could be improved and reduce reoffending vary has changed significantly since across the country devolution Incompatible IT systems and Page 34 Page 10 limited sharing of information lead to inefficiencies Performance information on Joint working among criminal Page 24 the effectiveness of services to justice bodies has improved in reduce reoffending is limited recent years Performance information is of limited and inconsistent Page 13 use when planning improvements Page 37 across the whole system Page 26 Funding arrangements are complex and there are risks to future service delivery Page 38 Appendix 1. Audit methodology Page 39 Appendix 2. Project advisory group members Page 40 2 Summary Scotland’s criminal justice system consists of a complex set of processes involving many different bodies and individuals. Summary 3 Background the scope of this audit. This figure 8. Evidence for this overview is based therefore only includes an estimated on analysis of national and local data, 1. The criminal justice system in proportion of police expenditure directly reviews of existing research, and Scotland consists of a complex set of related to criminal justice activities. interviews with staff from across the legal processes based on principles of criminal justice system. A description fairness, a respect for human rights 5. The criminal justice system has of our methodology is provided in and independent decision-making. an important role in achieving three Appendix 1 and details of our advisory It is adversarial in nature, which of Scotland’s national outcomes as group in Appendix 2. means the two sides involved in a set out in the National Performance criminal case oppose each other in Framework: 9. This report is divided into four parts: court. The system must follow due process to ensure the protection of • We live our lives free from crime, • Part 1. How Scotland’s criminal individuals accused by the State and disorder and danger. justice system works. the presumption of innocence until proven guilty. • We have strong, resilient and • Part 2. The cost of criminal justice supportive communities where in Scotland. 2. There are many different public, people take responsibility for their private and voluntary bodies and own actions and how they affect • Part 3. Efficiency of the criminal individuals involved in delivering others. justice system. criminal justice in Scotland. The bodies have different roles and • Our public services are high • Part 4. Effectiveness in reducing accountability arrangements to quality, continually improving, reoffending. ensure that the power of the State efficient and responsive to local is separated from the processes of people’s needs. Summary of key messages maintaining and upholding the law, which is a fundamental principle in 6. There are two national performance • There have been significant democratic societies. indicators to assess progress against changes to the criminal justice these outcomes relating specifically to system since devolution, which 3. For this audit, we defined the the criminal justice system: have delivered major reform criminal justice system from when but have also contributed to the police identify someone they • Increase the percentage of its complexity. It is difficult to consider has committed some criminal cases dealt with within manage criminal justice processes criminal activity until that person 26 weeks by three percentage as a whole system because of leaves the criminal justice system. points by 2011 (from 66 per cent the number of bodies involved For example, when they are found in 2006/07). and their different accountabilities. not guilty by a court, pay a fine or However, joint working has complete a prison or community • Reduce overall reconviction rates improved in recent years. sentence. We only considered the by two percentage points by 2011 adult criminal justice system.1 The (from 44 per cent for 2004/05 • The operation of Scotland’s audit focused on criminal justice cohort).2 criminal justice system cost processes, activities and performance. an estimated £857 million in Prosecutorial and sentencing 7. The aim of our audit was to 2009/10. The revenue budget decisions are independent of provide an overview of how much for the six main criminal justice government and were not considered. public money is spent on Scotland’s bodies (excluding police) reduced criminal justice system; to determine by seven per cent in real terms in 4. In 2009/10, an estimated what that money delivers in terms 2011/12; and the capital budget £857 million was spent supporting of activity and performance; and to by 64 per cent. The scale of the Scotland’s criminal justice system. identify where there is potential to budget reductions, combined with Most police expenditure and activity improve efficiency and effectiveness. increasing cost pressures in some is concerned with maintaining We also intend to use the findings areas and limited control over public safety and the prevention and from this overview to identify areas demand mean there are risks detection of crime, which are outside where more detailed performance to the long-term sustainability of audit work would be of value. criminal justice services. 1 We have not included offenders held in The State Hospital. 2 This indicator measures the number of people who are reconvicted within two years of completing a sentence. The baseline was set in 2007, so was based on reconvictions of people first convicted in 2004/05. 4 • There are significant Recommendations 10. The Scottish Government and inefficiencies in the criminal criminal justice bodies acknowledge justice system. Incompatible IT This report is intended to provide the importance of these issues and systems create inefficiencies an overview of the criminal are beginning to address them. We and differences in performance justice system in Scotland. We recommend that they build on the information make it difficult did not look at any individual part recent progress in joint working and, to plan improvements across of the system in sufficient depth as a matter of urgency, collectively the system as a whole.