Criminal Justice Programme Board minutes: August 2023

Attendees and apologies

• Cat Dalrymple (Chair, Scottish Government (SG))
• Anna Donald (Deputy Director Criminal Justice, SG)
• Ruth McCallum (TCP 3 Programme Manager, SG)
• Lucy Gibbons (TCP 1 Programme Lead, SG)
• Amy Wilson (Head of Justice Analytical Services (JAS), SG)
• Fiona Cameron (SG)
• Sue Brookes (Scottish Prison Service (SPS))
• Jennifer Harrower (Crown Office and Procurator Fiscal Service (COPFS))
• Rob Hay (Police Scotland)
• Marie-Louise Fox (Scottish Legal Aid Board (SLAB))
• David Fraser (Scottish Courts and Tribunal Service (SCTS))
• Mike Milligan (SCTS)
• Naomi Gregg (Head of Justice Portfolio Management Office (PMO), SG)
• Karl Champion (Senior Officer PMO, SG)
• Cameron Stewart (Strategy and Performance Unit Head, SG)

Observers

• Amanda Hollis (SG)

Apologies

• Mike Milligan (SCTS)
• Karyn McCluskey (Community Justice Scotland (CJS))
• ACC Wendy Middleton (Police Scotland)
• Willie Cowan (Deputy Director Justice Transformation, SG)
• Gemma Fraser (CJS)

Items and actions

Agenda

1    Welcome and introductions 
2    Key notes and actions
3    Open action review
4    a. Transformational Change Programme (TCP) 3 Journey Times and System Health Check report
      b. TCP 1 performance approach
5    TCP 3 highlight report update 
6    TCP 1 highlight report update
7    Refreshing our terms of reference
8    Any other business

Welcome and introductions

The Chair welcomed members to the fifth Criminal Justice Programme Board meeting.

Key notes and actions

The Chair noted that amendments from Scottish Courts and Tribunal Service (SCTS) were reflected in the revised key notes and actions from the previous meeting. These were issued to board members along with the papers for this meeting. Members were in agreement with the revised version and this is now considered signed off by the board.

Open action review

The Chair highlighted that a number of actions are reliant on partners providing baseline information which has been an open action since 13 June. Scottish Government (SG) explained that work is ongoing in this area and will be updated during the TCP 3 highlight update – where we will also go through the status of each project. SCTS committed to providing an update on the Virtual Domestic Abuse Model at the next board meeting on 13 September.

TCP 3 Journey Times and System Health Check report

SG noted the Request For Change (RFC) (TCP-3-RFC 01) was circulated ahead of the board meeting. This RFC highlights the proposed changes in scope to focus TCP 3 on journey times as well as some changes to the projects within the programme and introducing a new project titled ‘Reduce Journey Times’.

SG outlined the strategic context behind the RFC, highlighting the recently published Policy Prospectus, the recent Audit Scotland report on court backlogs, and the first publication of journey times data as drivers behind an increased focus on journey times. The benefits of this approach demonstrates our collective commitment as a justice system, allows for an aligned delivery plan, improved data, shared understanding, and stronger, evidence-based communications. SG gave an overview of the outcomes the Reduced Journey Times project will contribute to. Finally, SG outlined what the new project means in practice. The project will aim to bring together all initiatives targeted at reducing backlogs, overall journey times, or a part of the process. This will include the COPFS initiative to improve case marking and the Court Recovery programme. There will be a requirement for activity leads to report in to the project and we will work to make the burden as light as possible. This board will provide strategic oversight, collectively setting priorities and driving delivery.

The TCP 3 Programme Manager presented on the System Health Check project and its relationship with the new Reduce Journey Times project. There are 
five workstreams within the System Health Check project and once initiatives are identified, these workstreams will become part of the Reduce Journey Times project. 

SCTS agreed to the Court Recovery programme being included in TCP 3 and are content to share what they already have.

The Chair noted the relevance to the Audit Scotland report recommendations for these projects which included a consistent approach across the system to Programme and Project Management (PPM) which organisations need to support. SG would like members to consider where there may be other ongoing initiatives that contribute to reducing journey times.

Action 1-0908 – All board members to consider existing initiatives within organisations that might contribute to the Reduce Journey Times project.

The board discussed other journey times with regards to people moving through custody and back to the community. Scottish Prison Service (SPS) is currently working up key performance indicators around this for the corporate plan and highlighted the need for a wider look at how people are managed through the system. SG are aware of the need to look through the lens of the user and how the journey doesn’t stop once the accused has been sentenced. This is definitely something to keep in mind for the future, though it may be more relevant to TCP 2. It is hoped there will be value to SPS in terms of managing prison population.

TCP 1 performance approach

The TCP 1 Programme Lead presented the paper that was shared ahead of the board meeting and set out assumptions that were made. SG are seeking endorsement from members on the proposed performance approach and the aim is for it to be a dynamic process with this stage to focus on victims. SG set out assumptions around existing projects (such as they have already undergone policy development stages which included lived experience consultation). Trying to assess whether we are making the cultural shift that is required to say we have a person-centred justice system. The paper also sets out different sources of data that could be drawn from. Finally, the paper highlights existing feedback loops and where new requirements come from.

SG set out the following recommendations to the board:

• recommend the TCP 1 performance approach, actions and timescales set out in Sections IV and V for further consideration and commitment from the Criminal Justice Board
• provide advice on any other relevant data sources to inform the development of the performance approach for TCP 1

SG opened up to the board for questions, specifically around whether this is the right approach and whether the changes we’re making are improving the experience of victims and witnesses.

Police Scotland highlighted that operational experience shows 60% of victims of violent crime were also perpetrators of violent crime. To what extent do we acknowledge that it’s possible for people to be a victim of crime and also a perpetrator of crime. We need to ensure that there is a trauma-informed approach whilst potentially pursuing them for committing a crime. There is not a clear divide between victims and offenders, there is a significant overlap and that shapes the holistic experience of criminal justice in Scotland.

SG Justice Analytical Services (JAS) have been looking at such data and new work is being done around repeat violent victimisation which delves into how people experience the justice system both as a victim and an offender. Trauma-informed knowledge and skills framework principles apply to everyone, although it is focused on victims and witnesses. The intention is that future phases of the programme look beyond victims and witnesses.

Action 2-0908 – TCP 1 Programme Lead follow up with JAS colleagues to see where they may be data to support a holistic approach to justice, including victims, witnesses and the accused.

The board discussed that to reduce prison population, there comes a point where we need to focus on the accused to influence behavioural change etc..

If someone is brand new into the system, they will be much more attuned to what they don’t like. More experienced users of the justice system will have a very different experience and perspective. In terms of trauma-informed approaches, choice is important but there are some restrictions around this (such as court attendance) and we need to work within the limitations and set expectations accordingly.

TCP 3 highlight report update

The TCP 3 Programme Manager presented a highlight report to the board. This focused on whether the board agrees to the RFC in scope to TCP 3.

Board members were in agreement with the RFC.

Action 3-0908 – Porftolio Management Offcie (PMO) to record and follow through on RFC when the document is mutually agreed.

SG highlighted the current status of baseline data within the TCP3 projects:

• Digital Evidence Sharing Capability (DESC) and Body Worn Video (BWV) need to be formally approved through their respective boards to become part of TCP 3
• National Witness Gateway has new resource on board from SG perspective - need agreement as to how this sits with the current COPFS project and the way forward in terms of identifying milestones and objectives
• Remote Provision of Evidence is still struggling with outcomes and long term aims - hard to map back into programme and work is needed to get the project more aligned with what the programme is trying to achieve
• Summary Case Management pilot provided with data which will be included in the dashboard - still need to map where these pilots match with the programme and where they go after pilot phase

The Chair summarised that the main challenge seems to be clarifying the deliverables within the projects, identifying the milestones and being able to map this to the long term outcomes of the programme.

Through this work we want to be able to evidence externally the work we’re doing and provide the public and audit bodies with confidence that we are doing the right thing. The three-year delivery plan for the Vision for Justice is due to be published soon and it needs clear objectives, outcomes, and milestones. Asking board members help get these projects to the point where they can tick those boxes.

Action 4-0908 – SG to raise baseline information gaps with CJB when discussing the delivery plan on 11 August.

TCP 1 highlight report update

The TCP 1 Programme Lead presented a highlight report. The RAG status will stay amber until delivery plans, governance, and evaluations processes are fully defined. The key risks to the programme are around lived experience voices and delivery challenges. There is an issue with Police Scotland representation at trauma informed justice for victims and witnesses framework project meetings.

Action 5-0908 – Police Scotland to look into attendance at Trauma-Informed Justice for Victims and Witnesses Framework project meetings and seek consistency in attendance.

SG finished with a brief overview of the projects within the programme.

Refreshing our terms of reference (ToR)

The PMO noted that the ToR for the board is due to be refreshed and a draft will be shared with board members within the next week. Members are asked to provide feedback via correspondence with a view to developing following the upcoming Board Evolution Session and sign off at the next board meeting. The ToR has been developed in line with latest best practice and to make it more holistic. The Evolution Session on 21 August is an opportunity to get into more detail around how we work together and the ToR needs to evolve and support the board in doing what they need to do.

Action 6-0908 – All to review refreshed draft ToR on receipt and provide feedback to the PMO.

Any other business

The Chair reminded members that the Board Evolution Session is taking place on 21 August at St Andrew’s House. Members to nominate additional attendees where they would add value. Attendees were reminded to confirm any attendance and dietary requirements and of the need to bring photographic ID to gain access.

The next board meeting will take place on Wednesday 13 September.