The Scottish Office & The Crown Office
Scottish Courts Administration
Foreword
The Citizen's Charter was launched in July by the Prime Minister.
It committed the Government to an ambitious programme for
improving the standard of public services. As part of that
programme we are publishing this Justice Charter.
In the Justice Charter we explain the steps which we have already
taken - and further action which we have in hand - to make sure
that the administration of justice in Scotland fully lives up to
the principles of public service set out in the Citizen's
Charter. While we believe that Scotland's distinctive justice
system generally serves you well, we recognise that there is room
for continuing improvement. Our aim is to raise the standard of
service throughout the country up to and beyond the best
presently available.
This cannot, of course, be a one-way process. Making sure that
your legitimate rights and expectations are properly observed is
our task. But you, too, have a responsibility to fulfil your
obligations as a citizen in the areas described in the Charter.
The Justice Charter is not the last word on the subject. It is
our starting point in the drive for further improvements. This
process will continue throughout the 1990s.
IAN LANG
Secretary of State for Scotland
LORD FRASER OF CARMYLLIE
Lord Advocate
November 1991
Contents
 | Introduction
| The Police Service
| The Courts and the Procurator Fiscal
| The Scottish Prison Service
| Social Work Services
| | | | |
Introduction
All citizens who come into contact with the justice system, as
jurors, witnesses, litigants, victims of crime and those accused
or convicted of crime, are entitled to know what standard of
service they can expect and what will be done if services are not
up to that standard.
The Charter explains what is being done to:
| improve the quality of services
| give the citizen more information about the services that are available
| set and publicise the standards of service that individuals can expect, and
respond properly when the standards are not met
| make sure that the services provided give good value for money.
| | | |
This Charter describes in turn what the citizen is entitled to
expect from each main public service in the justice system - the
Police, the Courts and the Procurator Fiscal Service, the Prison
Service and the Social Work Services.
The Police Service
Putting the Citizen First
We are committed to making sure that the quality of service
provided by police forces inspires public confidence.
The public are entitled to expect the police to understand their
needs and concerns. These needs and concerns should be reflected
in the annual statements of objectives which should be on public
display in all police stations.
Public Expectations
The people of Scotland can expect their police:
| to uphold the law fairly and firmly
| to help prevent crime
| to preserve order and provide protection, help and reassurance to the community
| to detect offenders and report them promptly and professionally to the
Procurator Fiscal
| to act without fear, favour or prejudice
| to treat all members of the public with courtesy and respect
| to behave in a professional manner, even in the face of provocation
| to apply only the minimum force necessary to carry out their duties.
| | | | | | | |
Police forces should find out and publish what local people
think and take their views into account when setting
standards of service and deciding priorities. We are
asking forces to make it easier for individual members of
the public to put their views about police services to
them.
People should be confident that the police will respond quickly
when they need help. Police forces should:
| set and publish target times for getting to incidents which require a rapid
response. Her Majesty's Inspectorate of Constabulary will follow this up with each
force
| publish their target times for answering telephone calls.
| |
People want the reassurance of seeing police officers on the
streets. They are entitled to expect a visible police presence
in areas where this is most needed. We are asking forces to set
and publish targets for the hours officers will actually spend
patrolling the streets on foot.
We would like to see police officers wearing name badges in
appropriate circumstances so that citizens can readily identify
the officers with whom they are dealing.
In particular, victims, and other witnesses, find it reassuring
to know the name, station and telephone number of the police
officer dealing with their case. We expect police forces to
provide this information as a matter of course.
Victims of crime need special consideration. They want the
offender caught; but they are also entitled to be treated
helpfully and sensitively by the police.
Support for Victims
If the victim wishes it:
| the police will put him or her in touch with the local victim support scheme
| where it helps, notably where the victim has been sexually assaulted or abused,
the police will stay in touch with the victim until the case is over.
| |
Checking Progress
It is important that the performance of police forces should be
checked against their targets. We will expect Chief Constables
to say in their annual reports how effective the force has been
in meeting all of its targets.
We will also expect these annual reports to say what has been
done to obtain the views of the public on the quality of service
provided by the police, and to say what action has been taken in
response to public opinion.
Her Majesty's Inspectorate of Constabulary plays an important,
independent role in checking the quality of service provided by
the police. Lay experts are now being appointed to help the
Inspectorate to improve the quality of service to the public and
to promote efficiency.
The Inspectors will examine all Scottish forces in depth every
2 years. They will look at and report on the quality of
performance against targets and on arrangements for consulting
the public. In addition, each year Inspectors will report on
selected aspects of the work of all forces. Their reports will
in future be published and will be made available in local public
libraries.
Complaints
People are entitled to expect that the police will treat
complaints seriously, investigate them thoroughly, and respond
promptly and courteously.
There is a leaflet explaining how to make a complaint and the
procedures for investigating complaints. Anyone who wishes to
make a complaint against the police may obtain the leaflet from
any police station. We are improving the leaflet and will also
make it available in Citizen's Advice Bureaux by March 1992.
The police will refer complaints about criminal conduct by the
police to the Procurator Fiscal for independent investigation.
The Procurator Fiscal will contact the person making the
complaint to explain what will then happen. All other
complaints, which generally relate to disciplinary matters, are
investigated and acted on by the police force concerned. The
person making the complaint will be informed of the outcome of
the investigation.
Trust between the citizen and the police relies on public
confidence in the complaints procedures. During 1992 Her
Majesty's Inspectorate of Constabulary will review the complaints
procedures of all Scottish police forces to see whether they can
be improved. The results of the study will be published.
How to Help the Police
All citizens should help the police to maintain law and order.
This does not mean that citizens should "have a go" when faced
with a violent criminal. But it does mean that members of the
public should:
| abide by the law
| make it more difficult for crimes to be committed, for instance by locking their
cars when they leave them
| report suspicious circumstances, such as intruders in a neighbour's house
| be cooperative when asked to help the police
| give any assistance they reasonably can at an incident when asked to do so by
the police
| come forward as a witness.
| | | | | |
The Courts and the Procurator Fiscal
The Courts
The main job of the courts is to resolve disputes and try
criminal cases. Independent Judges are essential to ensure
fairness. This Charter does not change that. Our proposals will
improve the services which court staff give. We shall encourage
local authorities, who are responsible for the District Courts,
to make similar improvements.
The Procurator Fiscal: Serving the Public Interest
The Lord Advocate, who is based in the Crown Office, and
Procurators Fiscal prosecute in Scotland. They prosecute in the
interests of the public at large, and not on behalf of the police
or individual citizens.
Who Uses the Courts ?
The courts have many users. Individuals may come to court as:
| a witness or juror
| someone involved in a civil action
| a victim of crime (or a relative or friend)
| the accused in a criminal case
| a lawyer
| an interested member of the public
| a reporter.
| | | | | | |
Standards of Service
Serving all these different interests is a challenging task. A
Court Users Care Programme, including training for staff and
surveys to find out about court users' needs, will be in place
by the end of this year.
Coming to Court
Too many jurors, witnesses and others take away a poor impression
from their visit to court.
Our court improvements programme is doing away with drab
surroundings, poor heating and cramped conditions. Making the
courts accessible to all, and particularly to disabled people,
is an important priority in that programme.
Citizens using the courts should not feel intimidated. If they
have to wait, they should be comfortable. They can expect:
| a clearly marked reception or information point
| clear signposting
| adequate comfortable accommodation
| reading materials in witness rooms
| public telephone
| sufficient clean toilets
| in all but the smallest courts, refreshment facilities and toys for children.
| | | | | | |
Jurors
Jurors play a vital role. Those called for jury duty should
serve if at all possible. Some people do not know what is
involved. We will redesign the information leaflets sent to
jurors to make them less formal and more helpful.
Sometimes the jury is not needed on a particular day. By April
1992 jurors will be given a special telephone number to check
whether they are needed at court the following day.
Witnesses
Attending court to give evidence is an important duty. But it
can be inconvenient. So far as possible the Procurator Fiscal
will take account of witnesses' commitments when preparing the
trial, so witnesses in criminal trials should tell him
immediately of holiday or other commitments.
Witness often wonder what they will have to do and when their
case will come on. In future:
| prosecution witnesses will receive improved leaflets explaining what happens in
court
| court timetables will be displayed more prominently and more clearly
| witnesses will be informed regularly about the progress of cases in court.
| | |
Psychologists are helping to prepare guidelines for taking
evidence from mentally handicapped witnesses who may have
particular difficulties in the witness box.
Child witnesses need special consideration:
| they will be given a booklet in simple language telling them what happens at
court
| live television links are being installed in major criminal courts. In appropriate
cases, if the judge agrees, children will give their evidence without entering the
courtroom.
| |
It is up to the solicitor who calls them to look after defence
witnesses in criminal cases and all witnesses in civil cases.
We will discuss with the Law Society of Scotland how services to
these witnesses might be improved.
Glasgow`s Play Centre
There is a special centre for children attending court at Glasgow
Sheriff Court with a specially adapted courtroom for cases
involving children. There will be similar facilities in the new
Sheriff Court being built in Edinburgh.
Victims
Victims of crime often need help and support. Whilst voluntary
organisations provide this, so too must the public service.
| At present Procurators Fiscal take some child witnesses to
| the court rooms in advance so that they get to know the
| surroundings. In future similar visits will be offered to
| vulnerable witnesses such as the elderly or rape victims;
| Relatives of those who die as a result of accidents or
| criminal conduct often wish to keep in touch with the
| progress of proceedings. They are given this information
| if they ask for it. The Procurator Fiscal Service will
| develop and test a system for giving relatives information
| about progress as a matter of course;
| In some cases criminal courts can order offenders to pay
| their victims compensation. Procurators Fiscal will give
| details. Victims of serious crimes of violence may have a
| claim for compensation from public funds. (The back page
| gives the contact point.)
| | | | | | | | | | | | | | |
Getting Business Done
Adequate time must be allowed for proper preparation of cases.
But justice delayed can too easily become justice denied. We are
looking for ways to help reduce unnecessary delays in the courts.
Starting in April 1992 we will publish information each year
about our progress on reducing delays.
We want to reduce further unnecessary delays and that means
making the best use of court time. Many people decide to plead
guilty only on the morning of the trial when witnesses and jurors
have been put to the inconvenience of attending. Sometimes the
reason is that the defence does not know the strength of the
prosecution case early enough. To avoid this:
| we will extend throughout Scotland during 1992 a scheme for
| giving police officers' statements to the defence;
| we will test a scheme for supplying statements by other
| witnesses (provided they agree).
| | | |
There will be greater use of earlier hearings to find out if the
trial needs to go ahead. If not, witnesses need not attend and
the court can take on other business.
New technology can also help:
| Computers will be used to process and record criminal
| business in every Sheriff Court by the end of 1993.
| A national computer record of wills is being compiled. It
| will be complete by the end of 1994. It will allow
| enquiries to be answered promptly wherever in Scotland a
| will was registered.
| The computerisation of Procurator Fiscal offices will be
| extended and improved. This will help officials to respond
| more promptly and efficiently to enquiries about the
| progress of cases.
| | | | | | | | | |
Serving Court Users
Court procedures should not be needlessly complicated and should
take account of users' needs.
Since 1989 people have been able to use simple and direct
procedures to raise small claims in the Sheriff Court. A report
has just been published on how the system has been working,
together with recommendations for improvements.
Sittings at evenings and weekends might be more convenient for
people at work or with young children. We shall encourage
experiments, including a pilot scheme of evening courts for small
claims in a major Sheriff Court. We welcome local initiatives
to arrange special courts to hear similar cases for people who
do not have legal representation.
Unfamiliar legal language can be off-putting. We welcome and
will encourage initiatives by the courts to simplify the language
of court documents. From Spring 1992 we shall introduce new
information leaflets and revise old ones to give court users
clearer guidance. The language on forms, signs and notices will
also be simplified wherever possible.
Checking Progress - The Courts
We set targets for completing court office business. We shall
publish these targets annually and give the Court Advisory
Committees information on the performance of their local office
against these targets. Further information about targets and
performance can be obtained from the Scottish Courts
Administration at the address given on the back page of this
Charter.
The Procurator Fiscal Service
The Procurator Fiscal Service has a comprehensive set of targets
for completing various stages of a case. The Lord Advocate will
publish these targets along with information about performance
in an annual report.
Complaints - The Court Service
The new information leaflets for court users, which will be
available from Spring 1992, will explain how complaints can be
made. Clear notices in every court house will tell users where
to send any complaints.
The Procurator Fiscal Service
Any complaint about Procurator Fiscal Service staff should be
addressed to the local Procurator Fiscal. If he cannot settle
it, he will explain how to take the matter further.
The Scottish Prison Service
All citizens are entitled to high standards of public service,
including those who break the law.
The Scottish Prison Service is committed to delivering a high
quality service. It aims to:
| discharge with integrity and professionalism its
| responsibility for the safety of the public through the
| secure custody of prisoners;
| treat each prisoner as a responsible individual and to give
| each prisoner a range of opportunities for interesting work
| and personal development which allow him or her to use the
| time in prison responsibly;
| be just, fair, consistent, open and accountable in its
| dealings with prisoners, the public and its staff;
| provide a safe and pleasant working environment for
| prisoners and staff;
| foster good staff relations, team work and a feeling of
| shared enterprise;
| deliver services efficiently and effectively, giving value
| for money to the public.
| | | | | | | | | | | | | | |
The Scottish Prison Service is working on an ambitious programme
to turn these principles into action.
We have asked prisoners and staff about ways in which their needs
and those of their families can best be met. The results of
these surveys will be published early in 1992.
Service to the Public
The public are entitled to expect that prisoners will be held in
safe and secure custody. Following a review of the security
classification system we will set and publish targets for
security and safety in May 1992.
Service to Prisoners
Prisoners are entitled to expect that the Prison Service will
take care of their welfare and provide them with as full a life
as possible. We are improving the quality of prison life. For
example:
| The programme to end "slopping out" is making good
| progress. Noranside Prison has recently been redeveloped
| giving all prisoners access to night sanitation. Similar
| work will be completed at Inverness Prison by November 1992
| and at Aberdeen Prison by June 1993
| A new catering system, with greatly improved quality and
| presentation of food, has been introduced at Perth Prison
| and will be extended during 1992 to Glenochil, Aberdeen and
| Barlinnie Prisons;
| Cardphones are now available to all convicted prisoners.
| | | | | | | | | |
Prisoners, and their families, are entitled to expect that they
will receive information about the opportunities available to
them for personal development, education and training. They
should also be told about decisions affecting them, including
preparations for their release.
We are developing a sentence planning scheme to enable each
prisoner serving a sentence of more than 18 months to share in
decisions about the way in which he or she spends the time in
prison. The scheme will be started early in 1992.
Personal Developement
Under the Sentence Planning Scheme each prisoner will be given
a personal development file which will help him or her to:
| identify problems;
| look for suitable opportunities for personal development;
| make responsible choices;
| devise a sentence plan.
| | | |
Shotts Prison has already introduced opportunities for sex
offenders to discuss and come to terms with their offending
behaviour through group work.
Perth Prison offers prisoners participation in groups in which
they can discuss ways of controlling their aggression.
Barlinnie Prison, in co-operation with national voluntary
organisations and Strathclyde Regional Council, has introduced
a major initiative in Alcohol Addiction Counselling.
Many prison staff are already known to prisoners by name.
However, we intend to introduce name badges in the Scottish
Prison Service (except in those circumstances where this might
prove a threat to the safety of staff) so that the public,
prisoners and their families can readily identify the officer
with whom they are dealing.
Service to Prisoners` Families
Prisoners, their families and the public are entitled to expect
that the Prison Service will help prisoners to maintain their
family responsibilities and other links with the community.
Visiting arrangements for prisoners' families are being improved.
Prisoners are being given increased opportunities for home leave
where this poses no threat to the public. Links between prisons
and the communities in which they are located are being promoted.
For example:
| Some prisons have introduced improved visit arrangements,
| with better facilities for families and children. At
| Dungavel Prison the prisoners, their families and the staff
| all contributed to the design of the new arrangements;
| Glenochil Prison, which is in a rural location, provides
| transport and a full refreshment service for families;
| Dumfries Prison is soon to introduce arrangements for the
| families of new prisoners to be given a tour of the prison;
| Christmas and summer home leave schemes have been
| introduced for prisoners at Scotland's open prisons at
| Penninghame, Noranside and Castle Huntly;
| Shotts Prison has formed a Community Liaison Committee to
| promote relations between the prison and the local
| community.
| | | | | | | | | | | | | |
Checking Progress
The Report "Prisons in Scotland" is published annually. In 1989
the Scottish Prison Service also published a summary of its 3
year business plan. The Scottish Prison Service will continue
to improve the information available to the public on the
Service's performance against targets and on the delivery of
value for money.
Her Majesty's Chief Inspector of Prisons for Scotland is an
independent layman appointed from outside the Service. The
Inspectorate will carry out a full inspection of every prison in
Scotland every 3« years, with a short annual inspection of all
prisons not being fully inspected.
The Chief Inspector reports the results of his inspections and
his recommendations to the Secretary of State. These reports are
made public, together with the Secretary of State's response.
We will make sure that the Prisons Inspectorate remains strong
and independent in the future.
Complaints
Prisoners and the public need to have confidence in the
arrangements for dealing with prisoners' requests and grievances.
There are a number of ways in which prisoners can take up
complaints or grievances. These include:
| requests to see the Governor;
| complaints to Visiting Committee members;
| petitions to the Secretary of State;
| letters to MPs;
| complaints to the Parliamentary Commissioner for
| Administration (the Ombudsman);
| petitions to the European Commission of Human Rights.
| | | | | | |
The existing grievance system is being reviewed to streamline the
procedures and to increase confidence in them. Groups of
prisoners and young offenders in all Scottish prisons are being
involved in the review. It will be completed early in 1992. New
procedures, which will include an independent element, will begin
to be introduced in 1993.
Social Work Services
The public are entitled to expect that the social work services
provided by Regional and Islands Councils will play an effective
part in the criminal justice system. Their reports help judges
to decide on sentences. They supervise offenders released from
prison on parole or put on probation by the courts. They help
offenders to avoid offending again. They also organise and
supervise community service to enable offenders to do unpaid work
of value to the community.
All these services depend on the cooperation of the offender.
Offenders can expect prompt action to be taken if they fail to
meet their obligations. This can mean return to court or, for
those released on licence, to prison.
Standards of Service to the Public
On 1 April 1992 (2 years earlier for community service) we
introduced National Standards for these services. Offenders are
entitled to expect:
| social enquiry reports that they can easily understand,
| based on thorough preparation, including at least one
| interview with the offender;
| probation that follows a clear programme which the offender
| is involved in drawing up;
| a prompt start to supervision following sentence, or on
| release from prison on parole;
| regular meetings with their social worker, including visits
| to the offender's home;
| regular reviews of progress;
| obligations clearly spelled out to the offender.
| | | | | | | | | | |
Local authorities are responsible for managing these services
according to the National Standards. We expect them to apply the
standards in full from 1 April 1992. (The back page gives the
contact point for further information about the National
Standards.)
Community Service
Under community service the court may order an offender to
undertake between 40 and 240 hours of unpaid work to be completed
within 12 months. Many different types of work are involved,
including decorating, gardening, woodwork, cleaning up the
environment, and work with elderly people and children.
Research has shown a high level of satisfaction among those for
whom offenders have worked under community service. Offenders
gain a sense of achievement, and some have voluntarily continued
the work after the end of their order.
In recent years there has been a considerable growth in the
number of community service orders made. This reflects the
increased confidence of the courts in the scheme. Offenders who
receive community service would otherwise have gone to prison.
Checking Progress
The Social Work Services Inspectorate will start work on 1 April
1992. The Inspectorate will have a lay element to make sure that
public concerns are properly represented. It will report to the
Secretary of State and its reports will be published. In
addition, local authorities have their own internal inspection
arrangements to ensure that standards are observed.
Complaints
Offenders under supervision have a statutory right to
investigation of their complaints about the service they receive.
Leaflets explaining how to complain can be obtained from the
Regional or Islands Council.
The local authority must respond to all complaints within 28
days. If the person who makes the complaint is not satisfied
with the response, the authority must refer the matter
immediately to a review committee. This must include at least
one person who is independent of the authority.
Further Information
If you want more information about any of the services described
in this Charter, please contact one of the following people:
Police
Alison Ross
The Scottish Office Home & Health Department
Room 366
St Andrew's House
Edinburgh EH1 3DE
Tel: 031 244 2155
Courts
Jim Napier
Scottish Courts Administration
26-27 Royal Terrace
Edinburgh EH7 5AH
Tel: 031 556 0755
Procurator
Gordon Williams
Fiscal Service:
Crown Office
Regent Road
Edinburgh EH7 5BL
Tel: 031 557 3800
Prisons
John Irvine
Scottish Prison Service Headquarters
The Scottish Office Home & Health Department
Calton House
5 Redheughs Rigg
Edinburgh EH12 9HW
Tel: 031 244 8660
Social Work
Jim Kirby
Social Work Services Group
The Scottish Office Home & Health Department
Room 315
43 Jeffrey Street
Edinburgh EH1 1DN
Tel: 031 244 5438
Compensation for victims of serious crimes of violence - for
further information contact:
Pauline Carter
Criminal Injuries Compensation Board
Blythswood House
200 West Regent Street
Glasgow G2 4SW
Tel: 041 221 0945
National Standards for social work services - to obtain a booklet
giving more information about the National Standards contact
Jim Kirby at the address given above.
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