COPFS race report published

Inspectorate's 12 recommendations accepted by Lord Advocate

News, 21 March 2005

A new body set up to look at the way the courts handle racial issues in the wake of the Chhokar case has praised progress made by COPFS.

The Inspectorate of Prosecution, which became operational in December 2003, was set up to counter charges of "institutional racism" in the Scottish legal system in a report by advocate Dr Raj Jandoo.

It followed the public outcry over the murder of 32-year-old waiter Surjit Singh Chhokar in 1998. No-one was convicted of the murder, after the three men charged blamed each other for the killing during two separate trials.

The Inspectorate’s report showed that conviction rates in race cases were very high at approximately 80% and the number of convictions had increased considerably year on year.

Other key findings were:

- A number of measures have been implemented to improve the use of interpreters in race cases;

- The percentage of people from an minority ethnic background within the Crown Office and Procurator Fiscal Service ("the Department") mirrors the population at large.

Joseph O’Donnell, Chief Inspector of the Inspectorate, said: “Overall we felt that the Department had in the six years since the Chhokar case moved very positively in a number of areas and on a number of fronts.

“The signs are very encouraging and there is strong evidence of commitment to the task with a clear lead from the top at both ministerial and management level.”

The report however recommends 12 ways the Crown Office and Procurator Fiscal Service could improve the way it handles race issues.

These include close vetting of interpreters, and training for precognition staff on working with interpreters.

The report also suggests that using child witnesses under 16 to interpret for parents is inappropriate and not in the best interests of the child or the case.

The Lord Advocate, Colin Boyd QC, said: "I would like to thank the Inspector for this thorough and encouraging report, which I very much welcome. Today I confirmed to the Scottish Parliament that I accept the 12 recommendations contained within the report, and I am pleased to note that work is already underway to address several of these.”

He added that while he was clear that there is still much work to be done in this area, "it is a positive tribute to the Crown Office and Procurator Fiscal Service that none of the recommendations are critical of the fundamental approach being taken to race matters".

Commenting on the report, Raj Jandoo said:

"The fact that the Inspectorate established a Reference Group to guide and assist in the preparation of the report has added credibility and weight to the overall analysis and the public owe much to those who brought their experience to bear on difficult and complex issues.

"The Report shows a prosecution system that is beginning to show a little more confidence in handling cases involving racist incidents.

"I am however deeply disturbed to learn that the implementation of the robust prosecution policy adopted by the Crown encountered ‘opposition’ from staff, defence agents and sheriffs. It would have been more helpful for the Inspectorate to describe in greater detail the nature of the ‘rigidity’ that is encountered in law courts and the reasons. ... The message has to be clear that racist crime is unacceptable and the justice system must be properly resourced to meet the challenges. ...

"During my discussions with the Chief inspector in October 2004 his commitment to see through the lessons of the Chhokar Inquiry was clear. His report is testimony to that commitment."