Investigation and prosecution of sexual crimes: review
The Inspectorate of Prosecution in Scotland's review of the investigation and prosecution of sexual crimes by the Crown Office and Procurator Fiscal Service.
Recommendations
Recommendation 1:
COPFS
should develop a policy of exception reporting to
NSCU at the
initial decision-making stage of the investigative process.
Recommendation 2:
COPFS
should revise the target dates for the submission of the
Investigative Agreement to Crown Counsel to enable a more detailed
instruction on the direction of the investigation and of the case
by Crown Counsel. The target dates should be monitored and
rigorously enforced.
Recommendation 3:
COPFS
should consider undertaking the indicting process prior to the case
being reported to
NSCU for a
final instruction.
Recommendation 4:
COPFS
should introduce a more sophisticated system of allocating cases
for indicting to reflect the priority that is to be afforded to
certain categories of cases.
Recommendation 5:
COPFS
should restrict pre-petition investigation to only those inquiries
that are essential to reach a decision on whether there is
sufficient credible and reliable evidence.
Recommendation 6:
COPFS
should take account of any period of pre-petition investigation
when allocating reporting dates for cases to be reported to
NSCU for a
final decision.
Recommendation 7:
COPFS
should ensure that
VIA
pro-actively offer to contact the victim every eight weeks, as a
minimum, unless more frequent contact is required or requested or a
victim expressly opts out.
Recommendation 8:
COPFS
should ensure that there is a dedicated
VIA
Officer allocated to each case and provide victims with information
on who to contact in their absence.
Recommendation 9:
COPFS
should consider re-branding
VIA to
include a reference to “prosecution” in their
title.
Recommendation 10:
COPFS
should review all correspondence sent out by
VIA.
Recommendation 11:
COPFS
should discuss and agree special measures at the interview with the
case preparer in the context of preparing the victim or witness for
court.
Recommendation 12:
COPFS
should ensure that a court management strategy is agreed with every
victim and relevant agencies following service of the indictment as
part of the Victim Strategy.
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