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. The to enable us to make specific identify, agree and implement length of time taken to process evidence-based recommendations. actions to deliver the necessary summary cases through the However, there are a number of improvements. This joint approach courts has improved, but many areas where there is clear potential should ensure that the work cases still repeat stages in the to improve the efficiency and undertaken delivers benefits across the court process. Inefficiencies effectiveness of the criminal justice system as a whole and avoid the risk in processing cases cost the system. In particular, there needs that changes designed to improve the criminal justice system at to be significant improvement in: process in one part of the system have least £10 million in 2009/10. a negative effect on a different part. Repeated delays in processing • how well victims and cases can also have a negative witnesses are supported and 11. Delivering significant effect on people’s confidence in kept informed about what is improvements to the efficiency and the system. happening in their case effectiveness of Scotland’s criminal justice system requires continued • Reoffending is a continuing • the availability of cost and strong leadership from all the criminal problem in Scotland. There has performance information justice bodies. Agreeing measures been little progress towards the to support the effective for the system as a whole, which Scottish Government’s national management of both individual recognise cost and quality as well indicator to reduce reconviction organisations and the system as time, and holding relevant bodies rates, which have fallen by as a whole. This would and individuals to account for their less than one per cent in the improve understanding of the performance and contribution to these last three years. We estimate reasons behind inefficiencies measures would support this process. that in 2009/10, around £81 in the system and variation in million was spent by criminal performance across the country 12. The Auditor General and Accounts justice bodies (excluding police) Commission will consider the findings directly on services to reduce • the efficiency with which in this report and, in consultation reoffending. This is less than summary cases are processed with criminal justice bodies and other ten per cent of total criminal through court to reduce stakeholders, identify where more justice expenditure. The substantially the number of detailed performance audit work availability of services to support cases which repeat stages and would add value. This is likely to be offenders varies across the the number of cases which are in one of the areas identified above country and information on the resolved later than necessary where there is a clear potential to effectiveness of these services improve value for money. is limited and inconsistent. • how services for offenders are funded and delivered across the country to ensure they meet demand and are focused on the most cost-effective approaches to reducing offending behaviour. 5 Part 1. How Scotland’s criminal justice system works

There have been significant changes to Scotland’s criminal justice system since devolution. 6

Key messages judiciary (such as sheriffs), and juries 17. What happens in the different concerned. It is an accused’s right stages illustrated in Exhibit 1 is • Scotland’s criminal justice to plead innocent or guilty, and to summarised below: system consists of a complex change their plea at any time. set of processes and many • When police identify a person or different bodies are involved. 15. Exhibit 1 provides an overview persons they think responsible There have been significant of an offender’s journey through for a crime or offence they can changes to the criminal justice the criminal justice system. This decide to take no further action, system since devolution, which demonstrates the main processes issue a warning, issue a fine or have delivered major reform involved and summarises the send a prosecution report to the in some areas but have also possible outcomes at different Crown Office and Procurator Fiscal contributed to its complexity. stages. What happens at each stage Service (COPFS) for a procurator depends on decisions made by the fiscal to review (Exhibit 1: Crime; • It is difficult for the criminal accused (often on the advice of Arrest and charge stages). justice process to be managed their solicitor), the various criminal as a whole system because justice bodies and individuals such • A procurator fiscal decides what of the number of bodies as sheriffs. In reality, there are many should happen with each report involved and their different variations in the route through the submitted by the police or by accountabilities. Joint working system and in what can happen other relevant bodies who have among the main criminal at each stage; for example, the responsibilities for reporting justice bodies has improved offender may appeal against their alleged offences (eg, the Health in recent years. However, sentence. The Scottish Government and Safety Executive). This agreeing and implementing has developed more detailed process process is usually referred to as any changes depends on a maps covering the process from ‘marking’. The procurator fiscal can shared commitment from all the when police detect an offence to decide to take no further action criminal justice bodies at both the conclusion of a trial. These maps (if there is insufficient evidence national and local levels. identified 39 decision-making points or prosecuting is not in the public and 20 possible outcomes. interest); issue a fiscal fine (or Scotland’s criminal justice system other direct measure) or begin is complex 16. There are three types of court court proceedings (Exhibit 1: in Scotland to deal with different Arrest and charge stage). 13. Scotland’s criminal justice levels of offending (High Court of system consists of a number of Justiciary, Sheriff Court, and Justice • Within the court system, there interdependent processes, based on of the Peace Court) and two types are different stages, or ‘diets’ a complex combination of common of system for hearing cases, solemn each case must go through. law, statute and guidance, which must and summary.3 Solemn cases are These comprise the pleading be complied with at each stage of the concerned with the most serious diet (when a case is first called); system. Many different outcomes and offences, such as murder, rape or intermediate diet (to check a case interventions are possible at each stage serious assault, and are decided by is fully ready for trial); trial diet depending on the actions or decisions a jury in either the High Court or (when the evidence is heard); and, of the bodies or individuals concerned. the Sheriff Court. Summary cases if the accused is found guilty and deal with other criminal activity, for the sheriff or justice of the peace 14. The system is underpinned by a example breach of the peace, and are wants background reports before set of fundamental principles relating heard in a Sheriff Court (by a sheriff) sentencing, a separate sentencing to fairness, a respect for human or a Justice of the Peace Court (by a diet. These diets have different rights, independence of decision- justice of the peace) without a jury. names in solemn cases but the making and separation of powers The vast majority (over 90 per cent) process is broadly the same between the State and judicial of cases going through the criminal (Exhibit 1: Court stage). processes. Decisions on whether justice system are summary cases. a criminal case should go to court, For this reason, this report focuses on • If the court finds an individual whether an accused is guilty and, the summary justice system. guilty, the judiciary will pass a if so, what punishment he or she sentence. There are three main should receive are up to the individual types of sentence: custody (when procurators fiscal, members of the the individual is sent to prison),

3 In Glasgow, there are also Stipendiary Courts and Stipendiary magistrates. Stipendiary magistrates sit in the Justice of the Peace Court but are legally qualified and have the same sentencing powers as a sheriff in summary cases. They are appointed by Scottish ministers. http://www.scotland-judiciary.org.uk/39/0/Stipendiary-Magistrates Part 1. How Scotland’s criminal justice system works 7

Exhibit 1 Overview of an offender’s journey through the criminal justice system Scotland’s criminal justice system comprises many processes and is delivered by a range of bodies and individuals, with different possible outcomes at each stage. Process Outcome

Police use discretion and take no further Crime committed and action police identify accused Police issue direct Crime measure (eg, fixed penalty ticket)

Police release COPFS decides case Police send should not proceed. accused or send to report to COPFS custody to await court Case closed COPFS issues a Arrest and fixed penalty, a fine, charge COPFS decides COPFS decides the a warning or suggests the case will case will proceed an alternative to proceed to court out of court prosecution

Accused Accused Accused Plea accepted and pleads not Case closed pleads guilty appears at no proceedings court to plead guilty taken

Plea not accepted. Progresses Plea not to intermediate stage where Accused Case deserted or court checks whether the case pleads not accepted. not called is likely to proceed on the date guilty Progress Court assigned for the trial to trial Offender’s journey Offender’s Court finds suspect Court finds not guilty or charge accused guilty not proven

Sentence is deferred CJSW prepare report or Sentenced Accused admonished Adjourned other and dismissed for sentence Sentencing information sought by Offender is given a the court fine or other measure

Offender is Offender is released Offender is Offender is released on Home Detention given a given a on parole Curfew (ie, tagged) prison community Serving sentence sentence sentence

Police Judiciary (eg, sheriff) Parole Board

Crown Office and Procurator Criminal justice social work Defence solicitors (usually Fiscal Service (COPFS) (CJSW) funded through legal aid) Scottish Court Service Scottish Prison Service

Note: Coloured borders round the boxes signify the different bodies generally involved at that stage of the process. Source: Audit Scotland 8

community sentences or (most The criminal justice system deals justice body. Of these, most people commonly) a fine. There are a with a large number of cases and (69 per cent) had contact with the number of different options for a involves many different people police and around 20 per cent had community sentence, for example, been in contact with COPFS or the Community Payback Orders 20. The criminal justice system deals Scottish Court Service.8 However, or Drug Treatment and Testing with large numbers of cases. For the survey also found that over Orders (Exhibit 1: Sentencing and example, in 2009/10: 80 per cent of people in Scotland Serving sentence stages).4 either did not know very much • there were 902,000 recorded or knew nothing at all about Many bodies are involved with crimes and offences, of which how Scotland’s criminal justice different roles and accountabilities over 690,000 (76 per cent) were system works. cleared up by the police 18. Many public, private and voluntary The criminal justice system bodies and individuals are involved in • 276,000 prosecution reports were focuses on ensuring due process delivering Scotland’s criminal justice submitted to COPFS, of which is followed, rather than meeting system. They range from large, 242,000 were submitted by the people’s needs national bodies, such as the Scottish police and involved 278,000 Prison Service and the Scottish people5 22. The criminal justice system is Court Service, through to groups of primarily focused on ensuring that professional individuals, such as the • 137,000 accused people were each case is dealt with in accordance judiciary and private criminal defence processed through the courts, with due process and that the solicitors, to individual members of which 121,000 (88 per cent) fundamental principles of fairness and of the public who may contribute received some kind of sentence, integrity are upheld. While the rights as members of a jury. Given the for example, prison (15,700), a of the accused are guaranteed by law, importance of independent decision- community sentence (16,300) or, there is less in the way of guaranteed making and the need to ensure the most commonly, a rights for other people, in particular powers of the State are separated fine (72,400) victims and witnesses. In Scotland, from those for judicial processes, victims of crime have no formal the bodies involved have different • there were 825,000 victims of role in the criminal justice system; accountabilities. Exhibit 2 illustrates criminal activity and 477,000 procurators fiscal act on behalf of the the main bodies involved, their role citations were issued calling State, in the public interest, not on and to whom they are accountable. witnesses to appear at court6 behalf of victims.

19. In addition to the main bodies • over 8,400 people (excluding 23. There are a number of services described in Exhibit 2, there are police officers and staff) were to support victims and witnesses of many other smaller organisations, employed by criminal justice crime. which also play an important role in bodies to deal with this demand.7 the criminal justice system. Some • Victim Support Scotland receives of these are public bodies such as 21. People can experience different around £4 million a year from the the Parole Board for Scotland (an parts of the criminal justice system. Scottish Government and supports independent body, which decides They may be reporting a crime, be a victims of crime who contact if a prisoner is suitable for release), victim of crime, have committed (or them directly or whose details are others are voluntary organisations, be suspected of committing) a crime, passed on by the police. Victim for example Victim Support Scotland. be called as a witness or serve on a Support Scotland also provides Individuals, such as victims, jury. The most recent Scottish Crime witness services, which support witnesses, jurors and the accused, and Criminal Justice Survey found witnesses in the High Court and also have a central role in the criminal that three-quarters of adults surveyed Sheriff Courts. justice system in Scotland. had contact with at least one criminal

4 Community Payback Orders are new community sentences which require an offender both to make reparation, often in the form of unpaid work, and to address and change their offending behaviours. Drug Treatment and Testing Orders are court orders aimed at assisting offenders to reduce their drug use and related offending. 5 The police do not send prosecution reports for some offences, for example most traffic offences are dealt with directly by the police. Other organisations with responsibility for law enforcement also submit prosecution reports to COPFS. 6 The Crown Agent’s presentation to the ACPOS conference, June 2011 (victim numbers), and analysis of Scottish Government’s criminal justice management information system (witness numbers). 7 Staff numbers include COPFS, the Scottish Court Service, Scottish Prison Service, Scottish Legal Aid Board, Risk Management Authority, Scottish Legal Complaints Commission, Scottish Criminal Cases Review Commission and the Judiciary taken from annual accounts and reports. 8 Scottish Crime and Criminal Justice Survey 2009/10, Scottish Government, 2010. Part 1. How Scotland’s criminal justice system works 9

Exhibit 2 The roles and accountabilities of the main criminal justice bodies The separation of powers and independence of the decision-making mean that criminal justice bodies have different accountabilities.

Police Authorities Lord and Joint Council Scottish Parliament President Boards

Board Scottish Cabinet chaired Cabinet Cabinet Law Secretary by the Secretary Secretary Officers for Justice Lord for Justice for Justice President Accountability

Scottish Scottish Scottish Government Government Government Justice Justice Justice Directorate Directorate Directorate

Police Criminal Crown Scottish Scottish Scottish Community Judiciary Defence Identify justice Office and Legal Aid Court Prison Justice hear court solicitors suspects social work Procurator Board Service Service Authorities cases and Defend and submit Deliver Fiscal Administers Administers Manages Coordinate pass accused reports to community- Service the Scottish all Scottish Scotland’s delivery of sentence Crown based Decides legal aid courts prisons services for Office and sentences whether system offenders Procurator to prosecute

Organisation Fiscal cases Service

Non- Non- Local departmental ministerial Executive Statutory Authority public body department agency partnership Type of body

HM Social Care HM and Social Inspectorate Inspectorate of Inspectorate Work of Prosecution of Prisons Constabulary Improvement in Scotland for Scotland Service for Scotland Inspection body

Independence of decision-making

Source: Audit Scotland 10

• The COPFS’s Victim Information 25. The Criminal Injuries Scotland’s criminal justice system and Advice service provides Compensation Authority was has changed significantly since support to victims and witnesses established in 1996 to compensate devolution where there are sensitive or victims injured as a result of violent vulnerable issues (eg, sexual crime in Scotland, England and 27. All administrations since or racially aggravated offences) Wales. In 2009/10, it awarded over devolution have worked towards reported to the procurator fiscal. £25 million to people in Scotland. improving Scotland’s criminal justice However, the rules about who is system. There have been a number • The Scottish Prison Service eligible for compensation are strict. of major reviews of different parts of provides victims of offenders For example, compensation may be the system, many of which resulted sentenced to 18 months or more reduced if there is a delay in reporting in new legislation.11 Exhibit 3 lists information about the offenders’ the crimes and victims may not be the primary legislation passed since progress in prison and their release entitled to compensation if they have devolution directly concerned with date, if victims request this. previous convictions. This means that how the criminal justice system many applications are not successful. works. In addition, there has been • The Scottish Government provides In 2009/10, 59 per cent of applications secondary legislation on various around £15 million a year for for compensation from across the UK detailed aspects of the criminal support services to women and were denied. justice system. children who are victims of, or have been effected by, domestic 26. There have been some recent 28. Changes in legislation and Scottish abuse. This includes funding for developments to improve support Government policy developments Scottish Women’s Aid and support for victims and witnesses. In January have resulted in the creation of over services for children affected by 2011, the Scottish Government 20 new criminal justice bodies and domestic abuse. hosted a ‘victim’s summit’ to partnerships since devolution. These discuss how victims could be include eight Community Justice 24. Victims may have a range of better supported. It also recently Authorities introduced to reduce needs depending on factors such completed a consultative review of reoffending; and national agencies as their age, health or previous how to improve the experience of such as the Risk Management experience of crime. However, there witnesses. The Scottish Government Authority, introduced to monitor is some evidence that these needs intends to introduce a victims’ rights serious violent and sexual offenders. are not always routinely considered. bill in this session of Parliament to Other legislation has resulted in the A recent joint report by Her Majesty’s improve victims’ rights to damages creation of new offences, for example, Inspectorate of Constabulary for and compensation and give them a the Antisocial Behaviour etc (Scotland) Scotland and the Inspectorate of say in sentencing policy and parole Act 2004 and the Domestic Abuse Act Prosecution in Scotland found victims decisions. The European Commission (Scotland) 2011. tended to be considered only in recently published a draft directive relation to court processes and their setting out minimum standards of 29. This range of legislation has been likely role as a witness, rather than support for victims, although the designed to deliver improvements in as a victim in their own right.9 The UK Government has yet to decide how the criminal justice system works. report also found that victims had whether to sign this.10 It has simplified some processes limited knowledge of what to expect and led to significant reform, for at court, were often not told about example, through increasing the range what was happening in their particular of alternatives to prosecution. The case and were not always adequately impact of some of these changes, in supported. The COPFS reports that particular, those relating to summary many of the recommendations in the justice reform, is being monitored by report have now been implemented. the Scottish Government. However, the range and volume of new

9 Victims in the criminal justice system, Her Majesty’s Inspectorate of Constabulary for Scotland and Inspectorate of Prosecutions in Scotland, 2010. This report only focused on victims of summary crime that did not result in court proceedings. 10 Proposal for a directive of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime, European Commission, 2011. 11 The major reviews since devolution are: Review of the Practices and Procedures of the High Court of Justiciary, Lord Bonomy, 2002; Proposals for the Integration of Aims, Objectives and Targets in the Scottish Criminal Justice System, Andrew Normand CB, 2003; Report of the Summary Justice Review Committee, Sheriff Principal McInnes QC, 2004; Scotland’s Choice - report of the Scottish Prisons Commission, Henry McLeish, 2008; Protecting Scotland’s Communities, Scottish Government, 2008; and Review of Sheriff and Jury Procedure, Sheriff Principal Bowen QC, 2010. Part 1. How Scotland’s criminal justice system works 11

Exhibit 3 Primary legislation relating to Scotland’s criminal justice system introduced since devolution Since devolution, 16 new acts relating to Scotland’s criminal justice system have delivered reform to different parts of the system, but have also added to its complexity.

Act Primary purpose Main changes introduced Bail, Judicial The first act passed by the Scottish Changed the duties on sheriffs and judges about how Appointments etc Parliament concerned with the criminal they should consider bail. (Scotland) Act 2000 justice system. Introduced part-time sheriffs. Introduced changes to bail, sheriff and justices of the peace appointments. Introduced changes to councils powers to bring prosecutions. International To ensure offences in Scotland align Allowed Scotland to ratify the Rome Statute of the Criminal Court with jurisdiction of the International International Criminal Court. (Scotland) Act 2001 Criminal Court. Criminal Procedure Concerned with administration of Technical change in how warrants for arrest of (Amendment) warrants relating to trial procedures. accused impact on court procedures. (Scotland) Act 2002 Criminal Justice To improve public protection Introduced new rights for victims (eg, receiving (Scotland) Act 2003 including victims’ rights and effective information about release of prisoners). sentencing. Introduced new ways to assess serious violent and sexual offenders. Established the Risk Management Authority. Criminal Procedure Reform of the High Court and moving Introduced pre-trial meetings to reduce number of (Amendment) away from a ‘culture of adjournment’. adjournments and therefore reduce distress and (Scotland) Act 2004 inconvenience faced by victims, witnesses and jurors. Vulnerable To make provision for the use of Introduced new processes for taking evidence from Witnesses special measures for the purpose of vulnerable witnesses. (Scotland) Act 2004 taking the evidence of children and other vulnerable witnesses. Management To improve the management of high- Created provision for Community Justice Authorities. of Offenders risk offenders. Established multi-agency public protection arrangements (Scotland) Act 2005 for the management of high-risk offenders. Police, Public Order To improve governance and delivery of Established the Scottish Police Services Authority, the and Criminal Justice centralised policing services and how Scottish Crime and Drug Enforcement Agency and the (Scotland) Act 2006 complaints about the police are handled. Police Complaints Commissioner for Scotland. Criminal The legislation behind summary Increased sentencing powers for sheriff courts in Proceedings etc justice reform aimed at improving summary cases. (Reform) (Scotland) communication and administration Expanded alternatives to prison such as community Act 2007 within the summary justice system, sentences. taking less serious cases out of the Expanded alternatives to prosecution such as process earlier and reducing the time it procurators fiscal fines. takes for cases to go through courts. Changed how fines are collected and enforced. Established justice of the peace courts in place of district courts and unified court administration. Introduced changes to the way cases can be processed through the courts, eg, outstanding charges can be dealt with together or ‘rolled up’.

Continued on page 12 12

Act Primary purpose Main changes introduced Custodial To restate and amend the law relating Changed how prison sentences are calculated. Sentences and to the confinement and release of Weapons (Scotland) prisoners; to make provision relating to Act 2007 the control of weapons. Legal Profession To improve administration of Established the Scottish Legal Complaints and Legal Aid complaints about solicitors and how Commission. (Scotland) Act 2007 legal aid is funded. Gave the Scottish Legal Aid Board (SLAB) the ability to provide grants and pay non-solicitors agencies for advice work. Judiciary and Courts To modernise and improve the court Introduced judicial governance of the Scottish Court (Scotland) Act 2008 system through strengthening the role Service, and provided a statutory basis for the Judicial of Scotland’s judiciary. Appointments Board. Legal Services Primarily aimed at widening the New duties on SLAB to monitor availability of legal (Scotland) Act 2010 range of structures within which legal services in Scotland. services can be delivered. New framework for creation and regulation of Also concerned with how the Faculty Alternative Business Structures, which means that of Advocates and SLAB operate.1 law firms do not have to be owned by solicitors. New framework for regulation of the Faculty of Advocates. Criminal Justice and A wide-ranging act introducing Introduced Community Payback Orders. Licensing (Scotland) changes in sentencing (eg, a Created provision for the Scottish Sentencing Council.2 Act 2010 presumption against short prison Created new serious organised crime offences. sentences and the introduction of Community Payback Orders) and in Introduced a statutory basis for disclosure of evidence criminal procedures (eg, rules on the to defence solicitors. retention of DNA). Introduced witness anonymity orders. Criminal Procedure Emergency legislation introduced New procedures for police and SLAB to ensure that (Legal Assistance, following the Cadder ruling.3 those held in detention accused of an offence have Detention and To give suspects a right of access to access to legal advice. Appeals) (Scotland) legal advice. Extended police detention powers. Act 2010 Double Jeopardy To make provision as to the Allows for a new trial (in limited circumstances) for (Scotland) Act 2011 circumstances in which a person people previously acquitted in court. convicted or acquitted of an offence may be prosecuted anew.

Notes: 1. The Faculty of Advocates is an independent body of solicitors who have been admitted to practice in any court or tribunal in Scotland. 2. The provisions for establishing the Scottish Sentencing Council have not yet commenced. 3. http://www.supremecourt.gov.uk/decide-cases/docs/UKSC_2010_0022_Judgment.pdf Source: Audit Scotland Part 1. How Scotland’s criminal justice system works 13

legislation, both that concerned with example, when changes to the way system. The four programmes are the criminal justice system itself and bail was managed were introduced Reducing Reoffending, Making Justice the introduction of new offences, has without the potential effect on the Work, Reducing Crime and Reassuring also contributed to the complexity of prison remand population having been the Public. Much of this work is still at the system. fully considered. an early stage and has yet to deliver measurable improvements to the Joint working among criminal 33. Since 2003, there have been criminal justice system. justice bodies has improved in considerable improvements in how recent years criminal justice bodies work together. 35. A major focus for summary In particular, as a result of the reform justice reform was the need to 30. The need for a separation of of the High Court in 2004/05 and improve partnership working powers, the complexity of the the introduction of summary justice among criminal justice bodies and a processes and the different roles reform in 2006/07: number of non-legislative changes and accountabilities of all the bodies were introduced to facilitate this. In involved mean that it is difficult to • The Criminal Procedure particular, 11 multi-agency criminal manage the criminal justice system (Amendment) (Scotland) Act justice boards were created in 2007 to as an integrated process. Delivering 2004 changed the way cases are oversee performance of the summary improvements requires all criminal processed through the High Court. system at a local level and to improve justice bodies to work closely together. An evaluation of the reforms found efficiency by facilitating joint working.16 cases were processed quicker Each board is chaired by the Sheriff 31. In 2003, the Normand report on and that this had reduced the Principal for the area and has senior Scotland’s criminal justice system stress and inconvenience faced by representation from the courts, the found a ‘persisting degree of victims, witnesses and jurors.14 procurators fiscal and the police. In fragmentation within the system’.12 addition, the Scottish Government Normand commented that any • The Criminal Proceedings etc introduced a shared national references to cooperation and (Reform) (Scotland) Act 2007 performance indicator to improve the partnership working were vague provided the legal basis for many percentage of summary cases being and unspecific; that individual of the changes introduced to the processed through the courts in less bodies were largely unaware of the summary justice system. These than 26 weeks, as part of its National actions of other bodies; and that changes, collectively known as Performance Framework. the way in which individual bodies summary justice reform, were worked hindered the work of others. designed to take less serious 36. Recent legislation has also Normand concluded that a set of cases out of the process earlier introduced duties to cooperate among overarching aims and objectives for all and to reduce the time taken some criminal justice bodies, for criminal justice bodies was required to for those cases that were example in relation to establishing improve cooperation and coordination proceeding to go through the Community Justice Authorities. across the system. In response, the courts. A series of evaluations Criminal justice bodies consider that then Scottish Executive established to assess the impact of these all of these initiatives have resulted in the National Criminal Justice Board, changes are under way and due major improvements in partnership which included senior representatives for completion by early 2012. working across the criminal justice from most criminal justice bodies.13 system. However, there is no 34. The Scottish Government is overarching requirement on individual 32. Without a shared understanding working to promote collective bodies to cooperate and there are of all the different processes involved ownership of the system. This is limited sanctions if any particular in the criminal justice system among being done at a national level through body is slow in implementing agreed all the bodies, there are risks that the Justice Outcomes Group.15 This changes. Effective cooperation relies decisions taken to improve one part of group oversees four multi-agency to a large extent on the commitment the system will have unintended and programmes designed to improve from criminal justice bodies and good detrimental consequences on another the justice system and coordinates all professional relationships. part. This has happened in the past, for current and potential reforms of the

12 Proposals for the Integration of Aims, Objectives and Targets in the Scottish Criminal Justice System by Andrew Normand CB, Scottish Executive, 2003. 13 Prior to devolution, the Scottish Administration was referred to as the Scottish Office when it became known as the Scottish Executive. Since 2007, it is generally referred to as the Scottish Government. 14 An evaluation of the High Court Reforms Arising from the Criminal Procedure (Amendment) (Scotland) Act 2004,, Aberdeen University for the Scottish Government, 2007. 15 The Justice Outcomes Group replaced the National Criminal Justice Board and some other national structures including some concerned with civil justice. 16 Two pilot criminal justice boards were established in 2003. 14

37. The challenges involved in partnership working and what needs to be done to address these are well known and have been documented by Audit Scotland in previous reports.17 For example, effective partnerships demonstrate strong leadership across all partners, a shared vision and collective agreement on objectives and priorities.18 Building mutual trust among partners and a shared understanding of the whole system is time-consuming and resource- intensive. Although some of the early joint initiatives led to improvements across the criminal justice system, others focused on specific issues and sometimes suffered from a lack of shared commitment, competing priorities and changes in staff. For example, the Scottish Executive established a short-life working group to introduce visual recording of joint investigative interviews of vulnerable young people in 2006 but the roll-out of the relevant equipment is only due to start in 2011.

38. While some local initiatives include sheriffs and private defence solicitors, generally there has been limited involvement of these groups in partnership developments and no consistent involvement of service users.19 There are challenges in involving some of the key criminal justice partners, for example defence solicitors have a financial interest in the system. However, without deeper and more widespread participation of all those with a role in criminal justice, there is a risk that the reasons behind any agreed changes will not be fully understood and may therefore be more difficult to implement.

17 In particular, Community Planning: an initial review, Audit Scotland, 2006; Review of Community Health Partnerships, Audit Scotland, 2011. 18 http://www.audit-scotland.gov.uk/docs/health/2011/nr_110602_chp_poster.pdf 19 Defence solicitors have been heavily involved in some national developments such as the development of summary justice reform. 15 Part 2. The cost of criminal justice in Scotland

Scotland’s criminal justice system cost an estimated £857 million in 2009/10 but there is limited information on the costs of different activities. 16

Key messages The criminal justice system cost an related to criminal justice activities, estimated £857 million in 2009/10 such as preparing reports for • Scotland’s criminal justice COPFS.20 Using this definition of the system cost an estimated 39. For this audit, we defined the criminal justice system and estimates £857 million in 2009/10. There criminal justice system from when of police criminal justice spend; the is limited information on the police identify a person accused of a adult criminal justice system cost an costs of different activities criminal activity until he or she leaves estimated £857 million in 2009/10 but these can be substantial. the justice system. For example, until (Exhibit 4). Almost a third of this was New legislation and case law the accused is found not guilty by spent by the Scottish Prison Service. have cost implications and the a court, leaves prison or finishes a increasing complexity of cases community sentence. This means that There is limited information on is adding to costs in some most police activity and resources, for the costs of different processes areas. The criminal justice example community policing and the and activities system is demand led and prevention and detection of crime, 40. The complex and multi-agency there is no flexibility to are not included in this audit. Police nature of the criminal justice system manage demand in some forces estimate that only around five means it can be difficult to identify parts of the system. per cent of their spend is directly costs relating to specific activities.

• The revenue budget for the six main criminal justice bodies Exhibit 4 (excluding the police) reduced Spend on the adult criminal justice system in 2009/10 by seven per cent in real terms Criminal justice bodies spent almost £857 million on operating activities in in 2011/12; and the capital 2009/10. budget reduced by 64 per cent. This follows a sustained period 3% 2% Scottish Prison Service – £273m of year-on-year increases in 5% Crown Office and Procurator funding. Criminal justice bodies 10% 32% Fiscal Service – £113m are developing plans to deal Criminal justice social work – £108m with reduced budgets but the 1 longer-term implications of Police estimated spend – £94m these are not yet known. 11% Scottish Legal Aid Board – £98m

Scottish Court Service – £82m2

• The scale of the budget 3 reductions; the time it will take Judiciary – £47m 11% for some planned changes to 13% Criminal Injuries Compensation – £26m

deliver savings; the increasing 4 13% Other – £16m cost pressures in some areas; and the limited ability to manage demand, all increase Note: the risk to the sustainability of 1. Police spend is based on police force estimates of the amount spent on criminal justice activities criminal justice services in the in 2010/11 and relevant elements of Scottish Police Services Authority spend in 2009/10. 2. We have used Scottish Court Service net expenditure in 2009/10 as an estimate of spend on long term. criminal justice. The Scottish Court Service aims to recover the costs of civil cases, although the exact figures are not available. 3. Funding is for judical salaries, training, travel and some other court running costs for criminal and civil business. 4. Other spend is made up of Scottish Government support to Victim Support Scotland, Scottish Government Justice Analytical Services, Scottish Legal Complaints Commission, Scottish Law Commission, Parole Board for Scotland, Risk Management Authority, Scottish Criminal Cases Review Commission, inspectorates of constabulary and prisons and the Scottish Prison Complaints Commission. Source: 2009/10 annual accounts of named bodies and information received from the Scottish Government

20 Calculated from data supplied to Audit Scotland by ACPOS, originally prepared to inform the Sustainable Policing Project report to the Scottish Policing Board in March 2011: http://www.scotland.gov.uk/Resource/Doc/254432/0115237.pdf; http://www.scotland.gov.uk/Resource/Doc/254432/0115238.pdf Part 2. The cost of criminal justice in Scotland 17

However, some criminal justice bodies publish information on unit Exhibit 5 costs. For example, in 2009/10: The estimated cost of processing summary cases The costs involved in processing a case through the courts increase at • The average cost of criminal legal each stage. aid was £642 for a summary Offender’s journey Cumulative case (ie, a lower level case) and cost £3,194 for more serious and complex solemn cases.21 Crime committed

• The average cost of a prisoner 22 place for a year was £31,703. Suspect detected and arrested However, this figure is based on prison operating costs and does not include headquarter costs. If total Scottish Prison Service Suspect charged spend is included then the cost £439 per prisoner place increases to £34,279 a year. Pre-court action

• The average costs of decisions £456 made by the Parole Board for Pleading stage Scotland range from £115 for an interview to £1,000 to consider the £1,117 most complex cases.23 Intermediate stage

41. The unit costs involved in £1,226 processing cases through the court system are not available and Trial stage the complexities of the processes £1,676 mean that calculating these is not straightforward. Within the court Sentencing system, there are different stages, or ‘diets’ each case must go through. £2,148

These comprise the pleading Source: Audit Scotland diet (when a case is first called); intermediate diet (to check a case is fully ready for trial); trial diet (when the evidence is heard); and a sentencing an estimate of court running costs. a case does not include any of these diet (if the accused is found guilty This results in an estimated cost additional costs and is therefore likely and the judiciary wants background of about £2,100 to process a case to be an underestimate. reports before sentencing). For the through the sheriff summary courts purposes of this report, we estimated (Exhibit 5). 43. We also analysed 2009/10 the unit costs of each stage of Community Justice Authority annual the court process. We did this by 42. There will be significant variation accounts and Scottish Government mapping out the staff from across the in how much each case costs. criminal justice social work statistics criminal justice system who would Additional costs may be incurred, and estimate that: be involved at each of these stages for example if forensics or expert and calculating their average salaries. witnesses are required. If the accused • the average cost of preparing a We then calculated staff costs using is held in custody until they appear at social enquiry report for court information provided by the Scottish court, there will be additional costs (which informs sentencing once Court Service on the average time for for custody, transportation to the someone is found guilty) is £359; each stage. We included the costs of court room and guarding the accused ranging from £270 in Glasgow to legal aid; the costs of witnesses; and while at court. Our estimated cost of £565 in Tayside

21 Annual Report 2009/10, Scottish Legal Aid Board, 2010. 22 Annual Report 2009/10, Scottish Prison Service, 2010. 23 Annual Report, 2009/10, The Parole Board for Scotland, 2010. 18

• the average cost of implementing what happens in the Scottish criminal interviewees told us during fieldwork a probation order (which requires justice system. This is difficult to that these types of instructions had the offender to address underlying predict and may have cost implications. significant cost implications for the reasons for offending) is £1,398; criminal justice system, although the ranging from £1,013 in Lanarkshire 45. Some legislation and some of costs involved are not known. to £1,790 in Lothian and Borders the Lord Advocate’s instructions to procurators fiscal dictate that 46. Criminal justice bodies must also • the average cost of implementing certain offences must be dealt with respond to case law, which is when a community service order (which in certain ways and prosecuted courts interpret the law in a new requires the offender to do unpaid at a certain level of court.26 For way and thereby set a precedent for work in the community) is £2,769; example, since devolution, laws how future cases are handled. These ranging from £1,838 in Fife and or instructions have been created rulings must be enacted immediately, Forth Valley to £3,116 in North which specify how certain cases making it difficult for criminal justice Strathclyde.24, 25 such as domestic incidents or hate bodies to plan and manage the crime offences must be dealt with. changes required. Changes in case New legislation and case law have This reduces the discretion of the law can significantly change the way cost implications police and procurators fiscal to deal the criminal justice system works with the offence outwith the court and add to the costs involved 44. Since devolution, a number of system. While this approach may (Case study 1). new offences have been created, support specific policy objectives, for example, in relation to antisocial behaviour and new offences under the Sexual Offences Act. The Case study 1 introduction of these new offences Case law can have significant implications on the way the criminal and some new judicial processes justice system works have cost implications for the criminal The full costs of the Cadder ruling are not known. justice system. While some legislation The Cadder ruling in October 2010 means that any suspect questioned by the may reduce costs for criminal justice 1 bodies (eg, when cases are removed police has to have access to legal advice. This had an immediate effect on: from the system earlier); in other instances, costs may increase (eg, • how police question a suspect when new offences are introduced). • the involvement of defence solicitors Criminal justice bodies must interpret and implement each new law, • the prosecutorial decisions of COPFS although many of the costs involved are not known. Understanding and • court time for managing appeals predicting the cost implications of • the workload of the Scottish Criminal Cases Review Commission, which legislation is not straightforward. For investigates alleged miscarriages of justice. example, it can be difficult to predict how many new offences will be The law around this ruling is still developing, so the total impact and costs detected by the police and prosecuted are not yet known. At the time, the Scottish Government estimated it may by COPFS. While each piece of cost the Scottish Legal Aid Board (SLAB) an additional £1–4 million a year. Scottish legislation is accompanied The Association of Chief Police Officers in Scotland (ACPOS) estimates by a financial memorandum, that, in the first six months, the ruling cost the police around £323,000 on intended to provide the Scottish 2 additional custody, specialist staff and training. The Scottish Criminal Cases Parliament with an estimate of the Review Commission also reports that the ruling has resulted in an additional costs of implementing the act, the 50 cases a year for it to investigate – creating a backlog that it estimates will full costs are not always understood not be cleared up until 2013. or monitored. There is also little information on the costs involved in Notes: introducing non-legislative changes to 1. http://www.supremecourt.gov.uk/decide-cases/docs/UKSC_2010_0022_Judgment.pdf 2. ACPOS submission to the Scottish Parliament’s Justice Committee, 15 March 2011. Scotland’s criminal justice system. UK Source: Audit Scotland and European legislation can also affect

24 Probation orders and community service orders were replaced in February 2011 with Community Payback Orders which are designed to give the courts more flexibility in sentencing. 25 The majority of these costs are staff time and the same staff may be involved in a number of different activities and interventions. The recorded split of staff costs against specific activities may vary across the country. 26 The Lord Advocate is appointed by the Queen on the recommendation of the Scottish Parliament and is Scotland’s most senior law officer. Part 2. The cost of criminal justice in Scotland 19

The increasing complexity of cases between 15 and 19 people to be added • the number of prison sentences is adding to costs in some areas each year. The Scottish Prison Service increased by four per cent from 47. The Scottish Court Service cites must prepare a risk management 15,000 to 15,700. the increasing complexity of cases as plan for each of these offenders and a reason for the increased amount of the plans must be approved by the 50. Demand can also be days courts were open for business RMA.29 The Scottish Prison Service unpredictable. For example, during in 2009/10, despite fewer cases must then update the RMA each year fieldwork for this audit (March 2011), going to court.27 During our fieldwork, with progress against the plan. These police and prosecutors in Lothian and representatives from across the plans are resource intensive, particularly Borders had to deal with eight murder criminal justice system noted that for the Scottish Prison Service, but no investigations, an unprecedented level advances in forensics and technology costs are available. of major incidents at any one time. and the increased use of expert In due course, the work involved in witnesses (for example, specialist The criminal justice system is dealing with these cases may need psychologists) had all added to the demand led and managing demand to be scheduled into the procurators complexity of cases. Information is difficult for some bodies fiscal workload and into the court provided by COPFS shows that spend programme. Such increases in on interpreters, translators and expert 49. The criminal justice system is demand can drive up costs across witnesses increased by 62 per cent demand led, but understanding the the system as extra court sitting days (in real terms) in the last eight years demand is not straightforward. The may be required to hear the cases from around £533,000 in 2002/03 to figures indicate that while the number and there may be significant legal aid £809,000 in 2009/10. It is likely that the of reports and cases going into the fees to defend the accused. costs of expert witnesses will continue criminal justice system (such as police to increase as approaches to crime and reports and court cases) are reducing, 51. In an effort to reduce demand, detection become more sophisticated. the numbers of prison and community summary justice reform introduced The adversarial nature of Scotland’s sentences are increasing. In the five direct measures (such as fines and criminal justice system also means years 2005/06 to 2009/10: formal warnings). These measures that the public sector often pays twice allow the police and procurators fiscal for these services. For example, both • the number of recorded crimes to take less serious cases out of the the defence and prosecutor may call and offences fell by 11 per cent criminal justice system earlier in the an expert witness or commission a from over one million to 902,000 process and avoid them going to court. specialist report but they do not use the same experts or reports. • the number of crimes and 52. The type of offence for which offences cleared up by the police police can use direct measures is 48. New sentences and processes fell by eight per cent from around governed by legislation, although for managing serious offenders also 750,000 to 690,00030 how often they are used varies have cost implications. The Risk among forces. The overall number Management Authority (RMA) was • the number of cases reported to of Antisocial Behaviour Fixed Penalty established in 2005 to promote COPFS fell by 14 per cent from Notices and formal police warnings best practice in the management 320,000 to 276,000 is increasing (from 55,000 in 2008/09 of serious offenders and monitor to 69,000 in 2009/10). However, the prisoners on the newly created • the number of cases registered extent to which this has contributed Orders for Lifelong Restriction.28 The for court fell by 26 per cent from to a reduction in demand for the court RMA has a budget of £1 million a year 112,000 to 83,00031 system is not clear, as they may be and accredits assessors to undertake used when no formal action would risk assessments of serious violent • the number of community have been taken previously. and sexual offenders. All offenders sentences increased by two per assessed as high risk are placed cent from almost 16,000 to 16,300 on an Order of Lifelong Restriction. There are currently 66 prisoners on these orders, and the RMA expects

27 Annual Report and accounts 2009/10, Scottish Court Service, 2010. 28 Orders for Lifelong Restriction provide for the lifelong management of high-risk, violent and sexual offenders in prison and in the community. 29 Risk-management plans should be proportionate to the risk posed and appropriate to individual offenders. 30 This reflects improving performance by the police, as detection rates have reduced less than the level of recorded crime. 31 This includes the number of indictments registered at the High Court and the number of indictments and complaints registered at the Sheriff Court. Trend data are not available for Justice of the Peace Courts. 20

53. The Lord Advocate issues instructions for when procurators Exhibit 6 fiscal can use direct measures, such Criminal justice bodies have limited control over demand as fines. The numbers of procurator Control over demand generally decreases as cases progress through the fiscal direct measures have been criminal justice system. increasing but there is variation in the extent to which they are used Demand across Scotland. For example, in People suspected of committing a crime 2009/10 there were just over 14,000 procurator fiscal direct Scottish Legal Aid Board measures issued in Lothian and Must provide legal aid to every Police Borders (150 per 10,000 population) eligible person who applies and just over 30,000 issued in Glasgow (510 per 10,000 population). OR OR This variation may relate to the profile Can submit Can impose Can decide of offences reported by police or prosecution report direct measures, to take no other factors. If an offender breaches Some control over demand to procurator fiscal eg a fine further action either a police or procurator fiscal direct measure, for example does Crown Office and not pay their fine, they re-enter the Procurator Fiscal Service criminal justice system. Must mark every police report submitted 54. While these measures provide some flexibility to manage demand at OR OR the beginning of the criminal justice Can impose Can decide Can register case process, this flexibility generally direct measures, to take no for trial in court reduces as cases progress through eg a fine further action the system. So, by the end of the process there is limited control over demand. Prisons have to Scottish Court Service accommodate every person sent by and Judiciary Must arrange for every registered the courts, either to await trial or serve case to be heard and must their sentence, and criminal justice enforce collection of all fines social work has to implement all community sentences handed down OR from the court. Exhibit 6 summarises Criminal justice social work Scottish Prison Service

the levers of control each criminal Limited control over demand Must implement all community Must accommodate everyone justice body has over demand. sentences imposed sent by the courts

Budgets of the main criminal Source: Audit Scotland justice bodies have reduced in 2011/12

55. In 2011/12, the revenue budget 56. The Scottish Prison Service has Criminal justice bodies have for the six main criminal justice bodies experienced the biggest overall adopted different approaches to (excluding the police) fell by seven per reduction in funding as its capital deal with less revenue funding cent in real terms to £771 million and budget has reduced by 66 per cent 57. Criminal justice bodies have the capital budget by 64 per cent in real and its revenue budget has reduced responded to the 2011/12 reductions terms to £59 million (Exhibit 7). Most by four per cent. Funding for criminal in revenue funding in different ways: other criminal justice bodies also had justice social work services and the their budgets cut. judiciary experienced the smallest • Most criminal justice bodies reductions.32 These budget reductions reduced staff numbers. For follow a sustained period of year-on- example, in 2010/11 the year increases in funding across the Scottish Court Service offered public sector.33 an early release scheme for

32 Funding for the judiciary is for judicial salaries, training, travel, expenses and some other court running costs. 33 Scotland’s public finances, Audit Scotland, 2009. Part 2. The cost of criminal justice in Scotland 21

employees and around 120 staff (approximately eight per cent of its Exhibit 7 Revenue and capital budgets for the main criminal justice bodies, workforce) left the organisation; 2010/11 and 2011/12 (in real terms) COPFS also offered an early Criminal justice budgets have reduced, with capital budgets being release scheme and around significantly affected. three per cent of staff left the organisation. 500 Capital • Shared services are being 450 Revenue considered in some areas. For 400 example COPFS and the Scottish 350 Court Service are looking to 300 share facilities to print citations for people called to attend 250 court. However, criminal justice 200

bodies acknowledge that the Budget (£ million) 150 level of savings needed cannot 100 be delivered through improved 50 sharing of services alone. 0 Scottish Scottish Crown Scottish Criminal Judiciary Prison Legal Office Court justice • COPFS recently re-organised Service Aid Board and Service social itself around three ‘federations’, Procurator work rather than the 11 separate areas Fiscal Service services it previously had, to achieve better Note: The budget for the Scottish Legal Aid Board (SLAB), the Scottish Court Service and the value for money. This involves judiciary is for both civil and criminal justice. SLAB’s budget is not cash limited. sharing specialist skills and moving Source: Scottish Government 2011/12 budget staff around the organisation to respond to peaks in demand and shortages in staff. 58. It is not clear what impact • The COPFS capital budget • The Scottish Legal Aid Board’s staffing reductions will have either has reduced from £6.4 million (SLAB) main area of expenditure within individual bodies or across the in 2010/11 to £2.7 million in is legal aid fees paid to private criminal justice system as a whole. 2011/12. As a result, COPFS has solicitors. SLAB reduced these For example, the loss of staff from the cancelled its new Phoenix caseload costs by 15 per cent in five years, Scottish Court Service could result in management IT system, which was from £104 million in 2005/06 to courts having to operate different hours intended to improve the efficiency £98.5 million in 2009/10 (in real because of a shortage of court staff of case management processes. terms). These savings were made or lack of sheriffs. In Scotland’s public The £2.3 million capital spend to by improving quality control of finances: addressing the challenges, date is being written off and the applications and investigating Audit Scotland highlighted the risks potential for the system to deliver potential abuse and fraud. that relying on natural turnover and efficiencies will not now be realised. voluntary release schemes to reduce • The Scottish Court Service reduced staff numbers could result in bodies • The Scottish Court Service its funding for part-time sheriffs. losing essential skills or corporate capital budget has been halved In 2009/10, there were 76 part- knowledge and in reductions in the to £10 million in 2011/12. Around time sheriffs providing cover for quality of priority services.34 £8 million is already committed holidays, sick leave and busy times to the ongoing refurbishment of at court, costing £4.6 million. In Capital budgets have significantly Parliament House. This means 2011/12, funding for part-time reduced that only £2 million is available for sheriffs and other temporary 59. The capital budgets for criminal the upkeep of the court estate judicial cover fell to £3.6 million. justice bodies have reduced by which includes 60 court buildings 64 per cent to £59 million in 2011/12: (many of which are old and listed),

34 Scotland’s public finances: addressing the challenges, Audit Scotland, 2011 22

IT developments and the ongoing 61. It is too early to tell what impact renewal of IT. The Scottish Court reduced budgets will have on the Service needs parliamentary level of service provided. However, approval to close some court taken together, the scale of the cuts; buildings depending on their the length of time it will take for some location, so there is a risk that the planned changes to deliver savings; upkeep of the estate may suffer. increasing cost pressures in some areas; and the limited ability of some • The Scottish Prison Service criminal justice bodies to manage capital budget has fallen by demand, all increase the risk to the 66 per cent from £137 million to long-term sustainability of criminal £46 million. It is expected that justice services. funding for the planned new prisons in Bishopbriggs and Grampian will be protected but this means there will be significantly less money available to maintain and develop the existing estate. As we reported in our 2008 audit Managing prisoner numbers in Scotland, the lifespan of some of the temporary accommodation currently in use is limited and plans for the prison estate may not be sufficient to accommodate the projected number of new prisoners.35 In 2011, HM Chief Inspector of Prisons reported that the accommodation for female prisoners was insufficient and, in the main, no longer fit for purpose.36

There are risks to the long-term sustainability of services

60. Many criminal justice services are provided by voluntary sector organisations, including some support services for victims and witnesses and some services to reduce offending. Voluntary organisations consider that the reduced public sector budgets pose a risk to the sustainability of their services.

35 Managing prisoner numbers in Scotland, Audit Scotland, 2008. 36 HMP and YOI Cornton Vale: follow-up inspection, Her Majesty’s Inspectorate of Prisons, 2011. 23 Part 3. Efficiency of the criminal justice system

Inefficiencies cost the criminal justice system at least £10 million a year. 24

Key messages The efficiency of the criminal Incompatible IT systems and justice system could be improved limited sharing of information lead • Criminal justice bodies to inefficiencies recognise that efficiency in the 62. The complexity of the processes, criminal justice system could the need for a separation of 65. All of the main criminal justice be improved. Incompatible IT powers and the different roles bodies have developed their own IT systems and limited sharing of and accountabilities of the bodies systems over time, designed to suit information lead to inefficiencies involved mean that the criminal their operational requirements. These and different types of justice system has not always been systems were often incompatible performance information make managed as an integrated process. and used different standards and it difficult to plan improvements However, the need for a fair and just definitions, which limited the electronic across the whole system. justice system does not mean that exchange of information. A joined-up the criminal justice system cannot approach to information within the • The length of time taken operate efficiently. While specific criminal justice system could improve to process summary cases reforms have improved processes in efficiency. This has been recognised through the courts has some parts of the system, significant for a number of years and some improved. However, it is still inefficiencies remain. progress has been made. common for cases to repeat stages in the court process, 63. All criminal justice bodies 66. In 1994, the Scottish Office most commonly because acknowledge that there are established the Integration of witnesses or the accused are inefficiencies in the system. The Scottish Criminal Justice Information not present or professionals are Scottish Government’s Making Systems (ISCJIS) programme to not fully prepared. We estimate Justice Work programme is intended develop agreed standards and that such inefficiencies cost the to build on previous reforms to automate information sharing criminal justice system around address this problem. The programme and exchange among the main £10 million in 2009/10. Many involves a range of criminal justice criminal justice bodies. This has other cases are subject to late bodies and has identified a number resulted in improvements in the decisions not to proceed, we of areas where efficiency could be electronic sharing of information, estimate this costs an additional improved, including: and criminal justice bodies report £30 million. that, in their view, Scotland has a • improving IT systems more integrated approach to criminal • Repeated delays in the justice information than many other processing of cases can have • improving the way cases go jurisdictions. However, achieving a negative effect on public through the court system change has been slow. Individual perception and confidence in bodies have often prioritised IT the system. Reducing the time • ensuring cases are heard at the developments towards meeting taken for cases to go through correct level of court. their own needs and there have the system would improve the been limited incentives to invest in services people receive and 64. The Making Justice Work developments, which could deliver could deliver cash savings. programme began in July 2010. benefits to the system as a whole. However, building a shared understanding of how the whole 67. The Scottish Government has system works and getting agreement now incorporated ISCJIS into the on how to best improve it has taken Making Justice Work programme, as time and much of the work is still at part of the strand of work aimed at the planning stage. improving IT systems. As part of this work, the Government mapped out a high-level model of the information exchanges that occur in the criminal justice system (Exhibit 8). This found Part 3. Efficiency of the criminal justice system 25

Exhibit 8 Information exchanges across the criminal justice system Processes for transferring information are complex.

Source: Scottish Government 26

that only 25 per cent of the routes its staff numbers. COPFS has also 72. Criminal justice bodies have information is shared between developed a new secure website many targets and performance organisations are fully electronic, to share evidence with defence measures. These measures are although it is not known what solicitors, which should reduce the mostly concerned with processes volume of information exchanges need for paper transactions. and it is sometimes not clear what this represents.37 difference achieving the targets 70. In June 2011, John McClelland makes. For example, the Scottish 68. The limited compatibility of IT completed a review of the Prison Service has a target to ensure systems across the criminal justice management of IT investment in the that at least 85 per cent of integrated system means that some areas Scottish public sector on behalf of the case management conferences are still rely heavily on paper-based Scottish Government.38 The review attended by both prison and social transactions. This results in more highlighted the opportunities for work staff. This is achieved each year, costly processes and duplication improving the quality and efficiency but there is no evidence that it has of effort as files are photocopied of services through better use of resulted in a reduction in reoffending and couriered around the country. IT. It concluded that a fundamental or contributed to other improved When combined with poor sharing shift was required in planning IT outcomes for prisoners on release. of information, this incompatibility developments and that the public creates further inefficiencies. For sector should move away from the 73. Targets and performance example, a pilot in Glasgow found current single agency approach. measures may also have unintended that almost a third of the accused consequences on other parts of the scheduled to appear at the sheriff Performance information is criminal justice system. For example, court were already in prison for a of limited use when planning police forces have to report their separate offence. However, COPFS, improvements across the detection rates through the Scottish which is responsible for calling the whole system Policing Performance Framework. accused to court, did not know they One of the ways this is measured were in prison and the Scottish Prison 71. Criminal justice bodies collect a lot is by the number of prosecution Service did not know they were due of data on activity and performance. reports police submit to COPFS. in court. The Scottish Government is However, the information criminal Experienced police officers may piloting a data hub to cross-reference justice bodies collect relates to their know that procurators fiscal are COPFS, court and prison information in own operations, so there is variation unlikely to proceed with some cases. Glasgow. It estimates that this will cost in what is measured and how it is However, officers may be encouraged around £150,000 to develop but could defined. For example, some bodies to submit reports to COPFS which produce a net return on investment to count cases, some count crimes and are subsequently marked for no the criminal justice system as a whole some count people (some cases proceedings in order to improve after only five weeks. involve more than one person and performance in detection rates. This one person may be involved in several creates unnecessary and additional 69. Individual criminal justice bodies cases). Information may also be work for both the police and COPFS. are increasingly expanding their use of categorised differently, for example In 2009/10, almost nine per cent IT to improve efficiency. For example, a person given two prison sentences of the cases reported by police to solicitors’ applications for legal aid for separate charges on the same COPFS did not proceed any further.39 must now be completed online. day is counted as two sentences SLAB reports that this has reduced in court statistics but only one in 74. The criminal justice management paperwork for solicitors and, as a prison statistics. information system, developed by the direct result of this investment, it now Scottish Government to assess the processes cases faster and reduced progress of summary justice reform,

37 Information Sharing and Information Exchange System Interface Documentation Project – Final Report, Scottish Government, 2010. 38 Review of ICT infrastructure in the public sector in Scotland, Scottish Government, 2011. 39 Criminal Proceedings in Scotland, 2009/10, Scottish Government, 2011. Part 3. Efficiency of the criminal justice system 27

represents a significant improvement at court. Evidence may need to be “We must also make full and in joining up criminal justice data. The shared, eligibility for legal aid may need efficient use of the resources that management information system to be checked and witnesses need are available to us. We have… monitors a joint target for the length to be present. Given the complexities to find ways of reducing what is of time it takes to process summary involved, many cases end up repeating known in the system as ’churn’… cases through the court system stages in the process until all the what it really is: an unacceptable and the wider impact of summary necessary elements are in place. waste of taxpayers’ money which justice reform. The database brings adds little to the administration of together information submitted by the 77. The Scottish Government’s criminal justice but rather hinders police, COPFS and the Scottish Court national indicator is to ‘Increase the its swift application…The judiciary, Service and enables performance to percentage of (summary) criminal the professions, the Crown, the be analysed at both local and national cases dealt with within 26 weeks by Police and all other criminal justice levels. The database has been three percentage points by 2011’. In agencies have an obligation, in welcomed by all parties, particularly 2010/11, 74 per cent of cases were my view, to do all in their power local criminal justice boards, which dealt with within the six-month target, to avoid this waste. I expect all of use the information as a starting point an eight per cent increase since them to address it and I encourage to understand what is happening in 2006/07.40 my judicial colleagues to question their local area. robustly requests for adjournments 78. In March 2010, the Summary that do not appear to be explicable 75. Despite these improvements, Justice Reform National Working other than by an inability to prepare there are still limitations to the Group, reported that good progress in time, or to have witnesses ready performance information currently had been made ‘at the front end’ of to give their testimony.” available. For example, there is no the system.41 Police are submitting mechanism to track people through reports quicker (89 per cent of police Inefficiencies in processing cases the system, whether they are reports were submitted to COPFS through court cost the criminal offenders, victims or witnesses and within the 28-day target in 2009/10, justice system at least £10 million there are limited assessments of a four per cent improvement on in 2009/10 quality or cost. This makes it difficult 2008/09); and COPFS is marking to evaluate the cost effectiveness cases quicker (85 per cent of cases 80. Information on what happens of different activities or to plan were marked within the 28-day to individual cases as they progress improvements across the whole target in 2009/10, a three per cent through the court system is difficult system. The Making Justice Work improvement on 2008/09).42, 43 to extract from existing systems. programme is developing plans to However, the Group found that many However, the criminal justice address some of these issues. cases still have to repeat stages at management information system court several times before they can collates information on what happens The length of time taken to process progress to the next stage. These to summary cases each time they cases has improved but the delays are commonly referred to as appear at court. We analysed these process is still inefficient the ‘churn’ in the system. data for 2009/10 to calculate the total number of times cases progressed 76. Processing cases through 79. The number of cases going round through the summary courts as summary courts involves several the system in this way has been a planned and the number of times different stages. There are many well-recognised problem for a number they did not. We then applied our different, often independent, bodies of years. In September 2010, the Lord indicative costs (from Exhibit 5, and people involved, some of whom President, Scotland’s most senior page 17) to estimate how much it need to prepare for each stage and judge, stated in his opening speech cost when cases do not progress as many of whom need to be present for the legal year that: planned. Exhibit 9 (overleaf) shows what happened at each stage and the estimated costs involved.

40 Scotland performs – http://www.scotland.gov.uk/About/scotPerforms 41 Measurement exercise: Recorded reasons for court diet continuations and adjournments, Summary Justice Reform National Working Group, 2010. 42 Scottish Police Performance Framework Annual Report 2009/10, ACPOS, 2010. 43 Crown Office Procurator Fiscal Service Annual Reports 2008/09 and 2009/10. 28

81. Taking all three court stages Exhibit 9 together, our analysis shows that of The extent and estimated cost of delays in processing summary cases the 323,284 times cases were through court in 2009/10 at summary courts in 2009/10: Using the estimated costs in Exhibit 5, repeating stages at court cost the criminal justice system around £10 million in 2009/10 and late decisions not • 42 per cent (137,230 to proceed cost an additional £30 million. appearances at court) Not called/ progressed as planned – that is deserted moved on to the next stage in 4,988 the process or the accused pled Cost – £5.4m guilty at the pleading stage

Not guilty plea Pleading stage • 37 per cent (119,477 accepted Churn 144,960 appearances at court) resulted 1,002 39,027 in the case having to repeat Cost – £1.2m Cost – £0.6m a stage in the process. This Guilty plea usually happens because the 49,633 accused or witness did not Cost – £57.1m Proceed as turn up, the procurator fiscal or planned defence agent were not fully 48,132 prepared or because evidence Not called/ had not been shared.44 This is deserted commonly referred to as court 4,534 ‘churn’. We estimate this cost Cost – £6.2m around £10 million Not guilty plea Intermediate Churn accepted stage 53,221 • nine per cent (29,594 1,556 115,980 Cost – £2.8m appearances at court) resulted Cost – £2.1m in the accused changing their plea to guilty at the Late guilty plea 45 intermediate or trial stage. It is 15,419 a fundamental principle of Scots Cost – £21m Proceed as law that the accused can plead planned guilty at any time. We estimate Not called/ 39,465 that these late guilty pleas cost deserted around £47 million 7,605 Cost – £11.7m • seven per cent (21,702 appearances at court) resulted Not guilty plea Trial stage Churn in the case leaving the system accepted 62,344 27,229 2,017 Cost – £6.5m as it was either not called, Cost – £3.1m deserted or a not guilty plea was accepted by the procurator Late guilty plea fiscal. This means that the 14,175 individual procurator fiscal Cost – £26.2m decided not to proceed with Evidence heard at trial the case after it had been 3,731 Court activity ‘marked’ for court (that is, after a procurator fiscal decided the Proceed as planned case should be heard in court). Late decisions not to proceed We estimate this these late decisions not to proceed cost Late guilty plea around £30 million. Churn

Note: The remaining five per cent of times cases were at court, ‘other’ outcomes were recorded. Note: the coloured boxes match Source: Audit Scotland the colours in the exhibit.

44 Measurement exercise: Recorded reasons for court diet continuations and adjournments, Summary Justice Reform National Working Group, 2010. 45 This includes ‘no evidence led, adjourned to sentence’ at the trial stage. Part 3. Efficiency of the criminal justice system 29

82. Many cases are therefore fall. Delays caused by the accused or 87. Systems have been introduced in resolved later in the court process witness not turning up for court may some courts to allow police officers to than necessary. For example, a be harder to avoid, although there be on stand-by. This means that they do procurator fiscal can decide not to are a range of initiatives underway to not have to attend court but, if called to continue with the prosecution at any address this problem. give evidence, must be able to get to point as the case progresses through court quickly. While this helps reduce the summary court (usually referred Inefficiencies in processing cases the cost implications for the police, it to as ‘not calling’ or ‘deserting’ the have wider implications can lead to added costs for the Scottish case). The procurator fiscal may 85. When cases repeat stages in Court Service and COPFS as the court decide to do this because a witness the court process, both the volume must wait for police to attend. has repeatedly not attended, there is of cases going through the courts a lack of suitable evidence or a lack and the workload of all the bodies 88. The Scottish Court Service cannot of clarity about the crime committed. concerned increases. For example, predict which cases will go ahead The procurator fiscal may also decide when a case repeats a stage in the as planned. This makes it difficult at any point to accept that the court process, the procurators fiscal to plan court time. To manage this accused is not guilty. These decisions have to pick up the case again; a unpredictability and to guard against are up to the individual procurators different procurator fiscal is usually court rooms sitting empty, the courts fiscal concerned and are wholly assigned to the case who will need do not allocate specific times to independent of government. to repeat some of the previous individual cases and generally plan preparatory work done by their for more cases each day than could 83. However, as demonstrated in colleague. The case will then need be heard if they all went ahead. Exhibit 5 (page 17), the later in the to be rescheduled into court time While this is efficient in terms of process that cases are resolved, the and the defence agents, the accused maximising court time, it can add greater the cost to the public purse. In and any witnesses may need to return to the inconvenience for the people 2009/10, over 9,600 cases were not to court. concerned who must attend court called, deserted or a not guilty plea and then wait to hear if their case accepted once the case had reached 86. Delays in processing some cases is called. As many people’s only the trial stage; this cost approximately and the late resolution of others also experience of the criminal justice £15 million. Of the 62,000 times have wider cost implications in terms system is being called as a juror that cases reached the trial stage in of lost working days for witnesses, or witness, this may affect their 2009/10, evidence was heard in only victims and the accused. This is a perceptions and confidence in the six per cent (3,700 times). particular problem for the police, as efficiency of the system. The 2009/10 police officers are often called to give Scottish Crime and Justice Survey 84. In the interests of ensuring fair evidence (Case study 2). found that only 38 per cent of adults justice, there will always be occasions were confident that the criminal when a case will be resolved late. For justice system dealt with cases example, some cases are complex promptly and efficiently.46 and it will take some time for the procurator fiscal or defence solicitor Case study 2 to make a judgement on the strength Police waiting time at court has significant cost implications of the evidence. However, many of Police estimate waiting time at court costs almost £16 million a year. the delays that happen are avoidable. For example, repeating stages at The Association of Chief Police Officers calculated that on 21 April 2010, court due to a lack of preparation by 528 police officers across Scotland were called to court to give evidence but the procurators fiscal or the defence, only 55 officers (around 10 per cent) actually gave evidence. The proportions or problems with the disclosure of officers from all forces giving evidence at courts across the country ranged of evidence. The number and cost from 0 to 38 per cent. of late decisions not to proceed could also be reduced with better ACPOS estimated that the total cost over a year of police officers attending preparation and initial marking of court and not giving evidence was nearly £16 million. The costs include cases. If procurators fiscal are well replacement cover, paid overtime, annual leave and expenses for officers prepared, knowledgeable about their getting to court. case and negotiate with the defence then the number of cases delayed or Source: Delivering efficiencies in policing, ACPOS, 2010 resolved later than necessary should

46 Scottish Crime and Criminal Justice Survey 2009/10, Scottish Government, 2010. 30

Improving the efficiency of the through the system and reduced the of the challenges within the criminal court system could deliver savings number of times that stages had to justice system is that investment by be repeated at court. For example, one body may not necessarily result 89. There may be scope to use in West Lothian, the percentage of in any direct benefit to it, but may existing legislation more effectively to pleading diets that went ahead as deliver improvements to another part reduce inefficiency and speed up the planned increased from 44 to 85 per of the system. The greater use of time it takes for cases to go through cent. Interviews with participants cost and performance measures for the system. For example, ensuring identified a number of reasons for the system as a whole could provide defence solicitors and prosecutors the improvements in performance incentives to improve efficiency. have discussed a case before it (Case study 3). goes to court to identify areas of 93. Reducing the number of cases agreement. The Lord President has 92. None of these initiatives has that are delayed or resolved late will recently called on members of the been more widely rolled out, despite improve the level of service for all judiciary to challenge any requests improvements in performance. court users and could also produce for adjournment due to the defence Changes to key personnel and cash savings. A Scottish Government or the procurators fiscal not being resource constraints are cited as the evaluation of the High Court of prepared.47 However, there remain most common reason for this. One Justiciary reforms found that 6,000 few incentives or sanctions in the system to support improvements in efficiency. If the accused or Case study 3 witness does not attend court then Lessons from local initiatives which have improved performance in a warrant can be issued for their processing cases through the court system arrest. However, there is little that Participants in local initiatives to improve efficiency of the court system can be done if the procurator fiscal identified a number of reasons for their success: or defence agent is unprepared, if the necessary evidence hasn’t been • The importance of developing a collective and complete understanding disclosed or isn’t ready or if legal aid of how all the processes in the court system work, from the start to hasn’t been granted. the end of the process. This leads to a shared understanding of why problems occur and agreement on possible solutions to address them. 90. One of the strands of the Scottish For example, in West Lothian, it was discovered that police statements Government’s Making Justice Work for court were not filed in time for court dates. programme is to improve how cases are processed through the court. • Creation of a shared understanding locally of the impact that decisions There are seven workstreams within made by one person have on the workload of another person in the this strand, looking at a range of process. For example, summary court clerks understand how scheduling issues including improving witness court time affects police officer shifts. attendance at court and encouraging the early resolution of cases. The • A shared commitment to ‘getting it right first time’ and a shared estimated financial savings and understanding of what ‘right first time’ looks like. For example, police timescales of this work have still to officers improved their understanding about what is needed for a good be defined. prosecution report. Well-prepared reports save time spent marking by the procurator fiscal. 91. In the meantime, there have been • Team-based and close working relationships at a local level among a number of local initiatives designed people involved in different parts of the criminal justice system. This to improve how the court system promotes understanding that while criminal justice bodies have to be operates, in particular in Aberdeen, independent in terms of decision-making, they are interdependent West Lothian and Edinburgh. All in terms of processes. Co-location can facilitate close team working, these initiatives have involved police although this may not always be practical. Different criminal justice officers, procurators fiscal, court clerks bodies occupy the same building in Livingston which has helped to and, in some cases, sheriffs, working sustain improved performance in West Lothian. closely together, often in shared locations. They all improved in the Source: Audit Scotland time taken for cases to be processed

47 http://www.scotland-judiciary.org.uk//Upload/Documents/OpeningoftheLegalYear2010.pdf 2010. Part 3. Efficiency of the criminal justice system 31

fewer police officers had to attend court in the first three months of the Case study 4 reforms being introduced; COPFS The Serious Fraud Office has significantly improved its processes and saved £155,000 by calling fewer saved money witnesses; and SLAB saved A case management approach delivered improvements at the Serious £1.1 million from the legal aid Fraud Office. budget within a year.48 The Serious Fraud Office gave management responsibility to its 94. Good management of the process professionals who had previously only been responsible for investigating can improve efficiency. For example, and prosecuting cases of serious fraud. So, for example, individual staff the Serious Fraud Office (which has were responsible for managing the budgets of cases, for developing UK-wide responsibility) has significantly project plans and managing staff allocated to cases. Through regular and reduced the time it took to conclude rigorous case reviews with senior staff, the SFO also worked to ensure that cases, which delivered savings within individual cases maintained focus and direction and were only investigated two years (Case study 4). until there was sufficient evidence to get a satisfactory outcome.

Within three years, the time taken to finish a case fell from an average of eight and a half years to less than four years. This allowed SFO to manage its business more effectively, despite a 28 per cent reduction in its budget over the same period (from £54 million to £39 million).

Source: Audit Scotland

48 An Evaluation of the High Court Reforms Arising from the Criminal Procedure (Amendment) (Scotland) Act 2004, Aberdeen University for the Scottish Government, 2007. 32 Part 4. Effectiveness in reducing reoffending

Reoffending is a continuing problem. Part 4. Effectiveness in reducing reoffending 33

Key messages Reoffending is a common and a positive impact on the number of costly problem delays and late resolution of cases as • Reoffending is a continuing procurators fiscal and defence agents problem in Scotland. There has 95. Most people who are convicted in would have fewer cases to prepare. been little progress towards the court have offended before. In 2009/10, Scottish Government’s national most of the 9,372 people who received 98. In 2002, the UK government indicator to reduce reconviction a prison sentence had been convicted estimated that the cost to the criminal rates. Rates have fallen by less in the previous six years: justice system of each prisoner who than one per cent in three years, reoffended on release was £65,000 despite this having been a policy • fifty-one per cent (4,750 people) (around £80,000 at today’s prices).50 priority for a number of years. had between five and 20 previous In 2006/07, 6,890 people in Scotland convictions were released from custody and more • The activity and money of than 4,200 had reoffended within most criminal justice bodies • eleven per cent (1,014 people) two years. The costs to the Scottish is on processing cases and had between 21 and 30 previous criminal justice system resulting from implementing sentences, rather convictions this level of reoffending have not than reducing reoffending. been estimated but they are likely to We estimate that in 2009/10, • seven per cent (679 people) had be similarly high. around £81 million was spent more than 30 previous convictions. by criminal justice bodies 99. Work commissioned by the Wise (excluding police) directly on 96. The Prisons Commission Group, which helps unemployed services to reduce reoffending, reported on Scotland’s high rate of people move into employment, found which is less than ten per cent imprisonment and found that, in that supporting one reoffending of criminal justice expenditure. 2006/07: prisoner into employment saved This is an underestimate of the Scotland’s wider public purse around total amount of public money • almost half of those receiving £940,000 over a five-year period. spent supporting offenders, prison sentences had been in This includes costs to the criminal as expenditure by the wider prison more than three times justice system, benefit payments and public sector to meet offenders’ before, and between 15 and employment benefits to the individual needs is not known. 22 per cent had been in prison concerned.51 more than ten times before • Offenders have a wide range There has been little progress of needs. However, services • 7,000 prisoners had 47,000 spells on the Scottish Government’s to address these needs vary in prison national indicator to reduce the across the country and are reconviction rate delivered by many different • those released from short-term bodies. There is limited prison sentences (less than four 100. Reducing reoffending has been information about what years) were re-imprisoned more a policy priority for the Scottish services are available and there quickly and in greater number than Government for a number of years, is a lack of good, consistent those served longer sentences.49 and various policy and legislative performance information. changes have been introduced to Funding arrangements are 97. Reducing reoffending could bring address this. In particular: complex and do not always significant benefits to the criminal provide a financial incentive to justice system, as well as to local • The Management of Offenders reduce reoffending. communities. There would be (Scotland) Act 2005 created fewer cases for procurators fiscal to provision for eight Community consider, fewer cases going to court Justice Authorities (CJAs) across and fewer recipients of legal aid. It Scotland.52 CJAs are intended should also reduce the costs to the to provide a more coordinated police and the courts in providing approach to the local delivery of evidence and supporting the court offender services, target services system. This should, in turn, have to reduce reoffending and ensure

49 Scotland’s choice: Report of the Scottish Prisons Commission, Scottish Government, 2008. 50 Reducing reoffending by ex-prisoners, Social Inclusion Unit, 2002. 51 Breaking the cycle: the real cost of promoting ex-prisoner employability, Eddy Adams Consultants Ltd, 2007. 52 The eight CJAs (Fife and Forth Valley, Glasgow, Lanarkshire, Lothian and Borders, North Strathclyde, Northern, Southwest Scotland and Tayside) began operating in 2007. 34

close cooperation between In 2009/10, an estimated 104. Reducing reoffending could community-based services £81 million was spent by criminal reduce demand on other parts of the and prison services to aid the justice bodies on services to criminal justice system and therefore rehabilitation of offenders. reduce reoffending reduce overall criminal justice spending in the longer term, although • The Scottish Government 102. The activities and money achieving this will take time. The established the Reducing of most criminal justice bodies importance of preventative funding to Reoffending programme in (excluding police) are directed reduce demand on public services is 2008. This is a wide-ranging towards processing cases through the well recognised, most recently by the policy initiative looking across the system and implementing sentences, Christie Commission report.56 whole criminal justice system. rather than supporting people to The programme involves many stop reoffending. It is difficult to Services to support offenders different criminal justice bodies identify exactly how much is spent and reduce reoffending vary and is aimed at both preventing by these bodies directly on reducing across the country offending happening in the first reoffending but we estimate that in place and at improving support 2009/10: 105. People who repeatedly offend to offenders. often have many problems. For • £341 million was spent on example, limited education or • Most recently, the Criminal Justice processing cases through the training, no paid work, nowhere to and Licensing (Scotland) Act 2010 court system (by COPFS, the live, problems with alcohol or drugs, introduced Community Payback Scottish Court Service, and SLAB) mental health problems or family Orders (CPOs) as an alternative difficulties (Exhibit 10). to short-term prison sentences. • £281 million was spent on The 2008 Prisons Commission providing community sentences 106. Services to address these needs report found that short-term prison or prison sentences (by criminal are delivered both in prisons and in sentences were ineffective in justice social work and the the community by a range of different reducing reoffending, and the Act Scottish Prison Service) providers, including public bodies introduced a presumption against and voluntary organisations. Some these being used. CPOs are • £81 million was spent directly on services are designed specifically for designed to deliver both effective reducing reoffending (by criminal offenders; some for specific groups of justice and to reduce reoffending justice social work and the offenders (such as women offenders); rates. It is too early to comment Scottish Prison Service).54, 55 and others are provided for people on their success. with particular needs and offenders 103. This is an underestimate of the may only be a minority of the clients 101. In 2007, the Scottish total amount of public money spent (such as employment services). Government set a national indicator supporting offenders. Offenders to reduce the reconviction rate as are likely to receive support from Prison-based services vary across part of its national performance a wide range of public services Scotland and focus on long-term framework. Reconviction rate was which are not specifically offender prisoners selected as a proxy to measure services but which may help reduce 107. The Scottish Prison Service the effectiveness of policy and reoffending, for example NHS drug offers a range of different legislative changes designed to treatment services. However, the programmes to meet the diverse reduce reoffending. The Government total expenditure on such services for needs of people in prison and address set a target of reducing the overall offenders is not known. In addition, their offending behaviour. These reconviction rate by two per cent considerable police activity is directed include, for example, treatment for to 42 per cent by 2011. To date this towards preventing offending, some addictions; programmed interventions has not been achieved; the national of which will be focused on existing to address offending behaviour; reconviction rate has reduced by offenders. educational and vocational courses; less than one per cent in the last and support on release. However, three years, with around 44 per cent most of these services are provided of offenders reoffending within for long-term prisoners (those two years.53 sentenced to more than four years).

53 http://www.scotland.gov.uk/Resource/Doc/322680/0103823.pdf 54 Figures are based on estimated proportion of CJSW spend on delivering community sentences and on supporting offenders, and estimated prison spend on rehabilitation as detailed in Audit Scotland 2005 report on correctional opportunities for prisoners. SPS have no updated breakdown of spend. 55 This total is less than £857 million reported in Part 2, as only the most relevant criminal justice budgets have been included. 56 Commission on the future delivery of public services, Public Services Commission. 2011. Part 4. Effectiveness in reducing reoffending 35

Exhibit 10 Repeat offenders may have a range of needs Offenders often have several problems that need to be addressed to reduce reoffending.

Services provided by: Services • Local colleges Employment provided by: • Jobcentre Plus and training • Voluntary sector • Voluntary sector Attitudes to • Council – social offending work services Education

Lifestyle

Neighbourhood

Services Emotional provided by: and mental • Council – housing Offender health and social work Living arrangements services Services • Voluntary sector provided by: • NHS Substance • Council – social abuse work services Physical Family • Voluntary Services health circumstances provided by: sector • NHS

Note: In addition, the Scottish Prison Service may provide some of these services in prisons. Source: Audit Scotland

There is no legal requirement for the Scotland). In England, there is a legal Service delivered 2.7 million offender Scottish Prison Service to provide requirement to support, on release, development hours, or around support for short-term prisoners (ie, everyone who is sentenced to more 56 minutes of development activity those sentenced to four years or than one year; there is no such legal per prisoner a day. However, the less), who form the majority of the requirement in Scotland. amount of time prisoners spend prison population.57 on these activities varies among 109. The Scottish Prison Service has a prisons and prisoners depending 108. Recent figures from the UK key performance indicator set by the on the availability of staff, the level Ministry of Justice suggest that Scottish Government for the number of overcrowding and the assessed overall reconviction rates are lower of ‘offender development hours’ needs and risks of individual in England than in Scotland and, in that prisoners spend on activities prisoners. Previous reports which particular, among those sentenced like education, life skills, vocational have considered prisoners’ views, to more than 12 months in prison training, work placements, health found that a lack of access to (40 per cent reconvicted within two promotion and physical education. activities meant prisoners were often years, compared with 44 per cent in In 2009/10, the Scottish Prison bored and frustrated.58, 59

57 In 2009/10, 44 per cent of the prison population were short-term prisoners, 38 per cent long-term prisoners and the remaining 18 per cent were on remand awaiting trial. 58 What do the punished think of punishment?, Scottish Centre for Crime and Justice Research, 2010. 59 Managing increasing prisoner numbers in Scotland, Audit Scotland, 2008. 36

110. The services available vary by • throughcare addiction services for voluntary organisations to build prison and are delivered by a range (for offenders leaving prison) relations with clients, particularly of providers, for example local offenders, as they can be seen by colleges, council, social work services, • supported accommodation offenders as ‘outside the system’. or voluntary organisations. A joint services initiative by the voluntary sector, 115. There is variation in the range of Lothian and Borders CJA and the • mediation services services provided across the country. Scottish Prison Service, identified 14 For example, analysis of CJA annual different projects in HMP Edinburgh • employment services accounts shows that Fife and Forth run by voluntary organisations, in Valley CJA offers specific support to addition to those services provided by • intensive support packages, violent offenders; Lanarkshire CJA the public sector.60 designed around individual and Northern CJA provide dedicated offenders. support to young people at risk; and 111. A recent report on social work Glasgow CJA is the only area to services in prisons identified that 113. A number of voluntary fund intensive residential support there were different arrangements organisations, funded through public to women offenders. We have not across Scotland and no national and charitable resources, also provide explored the reasons behind this strategy or vision for the service a range of specialist services aimed variation but factors such as the overall. Only half of prisons and at reducing offending behaviour and profile of offenders in the CJA area, councils that provided services often provide a link between prison the availability of funding or the profile had formal arrangements outlining and the community. For example: of any prison located in the CJA area what services would be provided, may have an impact. There may also and many services had developed • Apex Scotland specialises in be services for offenders that are over time to meet different needs providing support for offenders to not funded through the CJA, but full of prisoners.61 The Scottish Prison get into employment and training. details are not known. Service and the Association of Directors of Social Work are • Sacro provides structured group 116. Information on the full range of working to introduce standardised work programmes on a range of services to offenders, either locally arrangements. However, there is not issues including domestic abuse, or nationally, is limited. However, yet any formal agreement. alcohol education and sexual there have been some attempts to offending. map services in order to identify gaps There is a wide range of in provision or improve partnership community services but no national • Turning Point Scotland provides working. A recent initiative in Lothian overview residential, person-centred, holistic and Borders CJA identified 30 different 112. Community services also play an support to persistent repeat voluntary organisations or projects important role in reducing reoffending. offenders. delivering community-based services The Scottish Government provides a to offenders within the five councils in grant of around £100 million a year to 114. In addition, there is a range of the CJA area.62 Glasgow CJA recently Community Justice Authorities (CJAs) smaller, voluntary sector initiatives, mapped the provision of services to to distribute to the councils within often focused on a particular group of support offenders into employment their area. The CJAs are responsible offenders, or in a particular area. Many and identified 37 providers delivering for agreeing how this funding should of the projects are set up by voluntary these services.63 be spent. The funding is for both organisations and run in partnership implementing community sentences with statutory service providers, such 117. Evaluations of individual initiatives ordered by the courts and providing as councils or the Scottish Prison designed to support offenders to wider support services to reduce Service. Traditionally the voluntary reduce their offending behaviour are reoffending. The wider support sector has been able to provide a providing evidence that a more person- services provided include, more flexible service, for example centred approach can be effective in for example: 24-hour support. It can also be easier reducing reoffending (Case study 5).

60 Partnership Development Initiative: Towards a model framework for third sector criminal justice services, The Robertson Trust, SPS, CJVSF and Lothian and Borders CJA, 2010. 61 Social work services in Scotland’s prisons: a national inspection, Social Work Inspection Agency, 2011. 62 Partnership Development Initiative: Towards a model framework for third sector criminal justice services, The Robertson Trust, SPS, CJVSF and Lothian and Borders CJA, 2010. 63 Mapping of employability support for offenders in Glasgow, Glasgow CJA, March 2011. Part 4. Effectiveness in reducing reoffending 37

information on reoffending. The Case study 5 information cannot be used to A more holistic person-centred approach can be effective in reducing determine the impact of local projects reoffending or interventions, as it does not reflect Evaluation of specialist initiatives indicates that positive results can be recent changes in the frequency or obtained by providing intensive support to offenders. level of reoffending.

• Circle Scotland – national statistics state that 47 per cent of women return 121. A national inspection of social to prison within two years of being released. In a project run by Circle work services in Scotland’s prisons Scotland in 2008, 46 women were supported with throughcare services, found that while councils and the having their progress monitored through interviews and the prison Scottish Prison Service were collecting database. After a year, none of the women had returned to prison; and at performance monitoring data, they the end of two years, 22 per cent (half the national figure) had returned to were unable to determine the prison. At the time of the first evaluation in October 2010, the service had difference that prison-based services 1 been offered to 75 young women with an 87 per cent sign-up rate. were making to protecting the public or reducing reoffending.65 HM Chief • The Persistent Offender Project (POP) was established in Glasgow in Inspector of Prisons for Scotland 2006 and aims to reduce the offending rates of persistent offenders with expressed similar concerns about the drug and alcohol problems by encouraging the uptake of intensive support inability of the Scottish Prison Service services. POP costs £254,000 a year and is funded and delivered jointly by to track people when they return Glasgow Addiction Services and Strathclyde Police. An evaluation of the to the community, and therefore project in 2010, concluded that levels of offending among those supported measure the effectiveness of the by POP fell by over 30 per cent from before they started the project to various programmes and interventions when they left. Scottish Government analysts calculated that this reduction they received while in prison.66 in offending saved the public purse over £10 million. 122. Although CJAs were Note: 1. Throughcare for Female Offenders: Review of the first two years, Circle Scotland, October 2010. established in 2007, there are no 2. Persistent Offender Project: An analysis of the costs and benefits, Scottish Government, 2010. agreed measures to assess their Source: Audit Scotland performance or impact. As a result, CJAs use a range of different performance indicators developed 118. There is some evidence of of places that are available, linked to locally with different systems for unmet demand for services to reduce the level of demand. Although, for reporting and presenting data. CJAs offending behaviour. For example: services to be effective, offenders have recently agreed to improve must be willing to engage with the information sharing and to look at • The Parole Board report that it is service to change their behaviour. developing a common set of core sometimes limited in its ability measures and associated information to grant parole because of the Performance information on requirements. lack of availability of rehabilitation the effectiveness of services to programmes in prison. reduce reoffending is limited and 123. The lack of agreed performance inconsistent indicators across the range of services • Overcrowding in prisons can designed to reduce reoffending adversely affect the rehabilitation 120. There is a lack of good, means the cost-effectiveness of opportunities prisoners receive by consistent performance information different local projects cannot be reducing access to training and relating to reducing reoffending. compared. increasing the time spent in cells.64 The Scottish Government’s national indicator uses the two-year 119. However, the level of unmet reconviction rate. This is based on the demand cannot be properly number of people who first offended determined without a comprehensive two years previously, so does not picture of the services and number provide real-time performance

64 Managing increasing prisoner numbers in Scotland, Audit Scotland, 2008. 65 Social work services in Scotland’s prisons: a national inspection, Social Work Inspection Agency, 2011. 66 HM Chief Inspector of Prisons 2009/10 annual report, Scottish Government, 2010. 38

Funding arrangements are complex and there are risks to future service Case study 6 delivery A £5 million social impact bond is funding an initiative to reduce reoffending in Peterborough 124. Funding arrangements for This is the first initiative of its kind. services to support offenders are complex, in particular given the high In September 2010, a pilot project was launched to reduce reoffending level of voluntary sector involvement. funded through a social impact bond. CJAs are responsible for distributing funding to criminal justice social work Social Finance attracted £5 million of private investment to fund a range of services and monitoring how it is voluntary organisations to support short-term male prisoners (sentenced spent to improve the management to one year or less) and their families. If the pilot is successful and reduces of offenders. The funding is ring- reoffending by more than 7.5 per cent then the private investors will earn a fenced and divided into ‘core’ and proportion of the savings produced as a result of the fall in reoffending. ‘non-core’ elements.67 Core funding is for delivery of the main criminal Source: Audit Scotland justice social work services, such as submitting reports to the courts or Parole Board, implementing will be fewer community sentences 128. There is little evidence that community sentences ordered by the imposed by the courts. Following the the potential for alternative funding courts or any other service agreed by introduction of Community Payback models is being explored in Scotland. the CJA. Non-core funding is used for Orders, the Scottish Government is For example, social impact bonds support services such as providing planning to revise the funding formula. are being piloted in England as an supported accommodation. CJAs alternative way to fund services often often try and source additional (or 126. There is a risk that reduced delivered by the voluntary sector. match) funding from other bodies to budgets could affect the provision Assuming that agreed outcomes fund particular initiatives in their areas of services for offenders if the main are achieved, investors get a return aimed at reducing reoffending. funders (criminal justice social work on their investment by receiving a and the Scottish Prison Service) share of the savings made through 125. The way criminal justice prioritise their spending to deliver only improving the social problem being social work services are currently these services required by legislation. targeted. In August 2010, the Big funded does not provide a financial This may mean that services for other Lottery announced an £11 million incentive to change offenders’ offenders, and particularly short-term fund to support the development behaviour and reduce reoffending. prisoners, could be adversely affected. of social impact bonds in the UK. The Scottish Government grant is In September 2011, the Ministry of based largely on activity (eg, number 127. Reduced budgets pose Justice and Social Finance launched of community service orders) over particular risks for voluntary an initiative to reduce reoffending in the preceding three years. While the organisations. A focus group with Peterborough, funded through a social funding formula needs to recognise voluntary organisations providing impact bond (Case study 6).68 the level of demand for criminal services to offenders highlighted justice social work services, this that partnerships with the public arrangement means that unsuccessful sector, primarily councils, had been interventions may result in additional adversely effected by reduced funding. For example, if a community budgets. Voluntary organisations can sentence is breached after three often lever in additional funding from weeks and a second issued, this is external sources, such as charitable counted twice in the statistics used foundations or donations. There is to calculate future funding. Moreover, therefore a risk that the quality and if a particular area is successful in level of services currently provided by reducing levels of offending then it the voluntary sector could suffer. could receive less money as there

67 This is often referred to as Section 27 funding. 68 Social Finance is a social investment organisation. 39 Appendix 1. Audit methodology

The focus of our work was Scotland’s • Crown Office and Procurator Fiscal main criminal justice bodies. We also adult criminal justice system from the Service analysed the national criminal justice time police identify a suspect until he management information system or she leaves the system, for example, • Law Society for Scotland for activity information at a local until the accused is found not guilty and national level, for example the by a court, leaves prison or finishes • local criminal justice boards proportion of cases which progressed a community sentence. In Part 1 we through the summary courts as considered how the criminal justice • members of the judiciary, including planned and the proportion that did not. system works. In Part 2 we identified the Sheriffs’ Association how much the system costs (including Financial analysis the costs of different processes • National Audit Office We analysed the annual accounts and interventions) and looked at the of criminal justice bodies and the possible impact of reduced budgets. • Parole Board for Scotland Scottish Government budget to In Part 3 we looked at the efficiency of determine the costs of the system. the system and highlighted a number • Risk Management Authority We also estimated the unit costs of of areas where efficiency could be processing cases through court. We improved and in Part 4 we considered • Scottish Court Service mapped out the staff who would be the effectiveness of the system in involved at each stage of the court reducing reoffending. • Scottish Criminal Cases Review process and their average salaries. Commission We then used information provided Our audit methodology had four main by the Scottish Court Service on the components: • Scottish Government average times to estimate staff costs and included the costs of legal aid, • Interviews with representatives of • Scottish Legal Aid Board witnesses and an estimate of court all the main criminal justice bodies. running costs. We applied these costs • Scottish Legal Complaints to the number of cases which were • Desk-based research of existing Commissioner. delay or resolved later than necessary information relating to Scotland’s in 2009/10 to estimate the total costs criminal justice system. • Scottish Prison Service to the criminal justice system. We also analysed Community Justice • Analysis of existing data including • Serious Fraud Office Authority (CJA) accounts and national activity and performance measures. statistics to calculate the unit costs • the voluntary sector, including of community sentences and identify • Financial analysis of the costs services for victims and offenders. regional variation. involved in Scotland’s criminal justice system. Desk-based research We used CJA accounts to estimate We researched national information how much is spent on delivering Interviews and local research, identified during our community sentences and how We conducted a combination of interviews, on areas such as the cost much on services designed to reduce individual and group interviews, some effectiveness of different interventions reoffending. We applied previous on a multi-agency basis, with a wide and the victim’s perspective of the estimates of the proportion of Scottish range of operational and strategic staff criminal justice system. We also Prison Service spend on rehabilitative from across the criminal justice system: commissioned the Scottish Centre for activities to 2009/10 spend to Crime and Justice Research (SCCJR) to determine its spend on services to • Association of Chief Police Officers research other areas such as changes reduce reoffending and implementing in Scotland to the criminal justice system since services. This allowed us to estimate devolution. the proportion of criminal justice • Association of Directors of Social spent directly on services to reduce Work Data analysis reoffending and the proportion spent We commissioned SCCJR to analyse on implementing sentences. • Community Justice Authority chief the existing data to determine the officers activity and performance of Scotland’s 40 Appendix 2. Project advisory group members

Audit Scotland would like to thank members of the advisory group for their input and advice throughout the audit.

Member Organisation

Aileen Murphie Director of Home Office VFM studies, National Audit Office

Bridget Campbell Director of Justice, Scottish Government

David Strang Chief Constable, Lothian and Borders Police, (Association of Chief Police Officers)

Eric Murch Director of Partnerships and Commissioning, Scottish Prison Service

Gillian Little Chief Officer, Glasgow Community Justice Authority

Lindsay Montgomery Chief Executive, Scottish Legal Aid Board

Professor Michele Burman Co-director, Scottish Centre for Crime and Justice Research

Michelle MacLeod Head of Policy, Crown Office and Procurator Fiscal Service

Neil Rennick Executive Director of Strategy and Infrastructure, Scottish Court Service

Note: Members of the project advisory group sat in an advisory capacity only. The content and conclusions of this report are the sole responsibility of Audit Scotland. An overview of Scotland’s criminal justice system

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