Minutes of the Operational Performance Committee – September 2023

Minutes of meeting held on 14 September 2023 by Microsoft Teams

Present:

• Stephen McGowan Deputy Crown Agent – Litigation (Chair) (DCA)
• Andy Shanks Deputy Procurator Fiscal, Specialist Casework (AS)
• Andrew Richardson Procurator Fiscal, High Court (AR)
• Andrew Laing Deputy Head of Local Court (AL)
• Laura Buchan Procurator Fiscal, Policy and Engagement (LB)
• Fiona Roberts Head of Management Information Unit (FR)
• Graham Kerr Head of Business Management Local Court (GK)
• Lana Thomas PA DCA – Serious Casework (Secretariat) (LT)

The DCA welcomed everyone to the meeting. Everyone in attendance, no apologies
noted.

The minutes of last meeting were agreed and can be published.

All outstanding actions now closed, all superseded by events.

Stephen discussed the Audit Report on our response to the Pandemic with the group, Action for OPC to evaluate COPFS performance through the lens of Recovery bi-annually, reporting to Exec Board in October 2023 and March 2024.

AL and AR to adjust reports to show where we are in terms of 26/27.

ACTION - Stephen to send note to EB for further discussion.

High Court

HC paper reviewed by group. Nothing further to raise or highlight from AR.

Local Court

AL discussed the LC paper, points of interest were -

ICP – continuous significant progress- down to 7k unmarked cases, down from 19k, really encouraging but still work to do in the hope to get the figure down even further.

SH & J – some slow progress being made, very few custodial sentences. Discussions took place regarding some solemn work potentially going into Summary Courts due to lack of custodial sentences. AL will look at contrast of disposals last year compared to 3 years ago and report back.

Summary - Recovery Courts moved to SH & J, outstanding trials now creeping up.

Specialist Casework

AS discussed the Specialist update and points of interest were -

CDIT - a lot of interest around state of progress/timescales. Currently conducting stage 1 review- care home deaths, working though this at moment then will have better idea of how long project is likely to take. AS will keep as a standing item on OPC report.

Slightly different style of report submitted this month which will be the interim format for the next few months, new style report will be ready early part of next year.

Policy & Engagement

LB discussed the P&E Paper and points of interest were -

P & E Paper reviewed by group. Nothing to raise by exception other than a plea from Laura regarding the ICO mini audit on mobile phone data.

Policy pulling together material for ICO by next week, Laura asked if we can identify staff within our teams who have good knowledge re guidance and will be able to speak to ICO beginning of oct about how they manage, share and disclose material.

• Draft CMIs for S.35(1) and S.36(1) of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022- discussed – group content
• Introduction of s.54 Fixed Penalty Notices; revised Lord Advocates Guidelines- discussed- group content

AL discussed new guidance note from Sh Principals on introducing deadlines for Custody Courts, in a bid to solve on going issues with Geoamy

Custody Courts will only go on till 7pm on a Monday and 6pm Tuesday-Friday.

Multiple warrants issue with this practise, Fraser Gibson looking into this.

Date of Next Meeting: 12 October 2023