Crown Office and Procurator Fiscal Service Crown Office, 25 Chambers Street, Edinburgh, EH1 1LA Response and Information Unit
Tel: 0131 226 2626 or 01389 739 557 RNID Typetalk prefix: 18001 Fax:
Your ref: Our ref:
Thank you for your request dated 6 November 2015 under the Freedom of Information (Scotland) Act 2002 (FOISA) for information contained in how many COPFS staff have been charged with criminal offences (& what were the charges), have been prosecuted (on what charges & verdict), or had criminal charges or prosecutions against them dropped in the past two years. I attach a link to Paragraph 1.11 of the Book of Regulations which is published on the COPFS website which outlines how cases in which members of staff of the Procurator Fiscal Service are dealt with by COPFS where they are an accused, or potential accused. As you will note all such cases are reported to Crown Office for Crown Counsel’s instructions on whether or not to take proceedings: http://www.copfs.gov.uk/images/Documents/Prosecution_Policy_Guidance/Book_of_Re gulations/Book%20of%20Regulations%20-%20Chapter%201%20-%20General.PDF I can advise that between 6 November 2013 and 6 November 2015, we retain records showing 15 cases reported to COPFS containing allegations of criminal offences by COPFS staff. Court proceedings were taken in 11 cases, three cases were disposed of by non-court disposal and no proceedings were taken in one case. The charges brought against staff include assault and vandalism; road traffic offences; threatening and abusive conduct; breach of the peace; Misuse of drugs/offences against the police; data protection offences/attempt to pervert the course of justice. In the 11 cases where court proceedings were raised, these were concluded as follows: Guilty plea accepted (4); accused found guilty after trial (1); case marked for no further action (1); court proceedings active (4). If you are dissatisfied with the way in which your request has been handled, you do have the right to ask us to review it. Your request should be made within 40 working days of receipt of this letter and we will reply within 20 working days of receipt. If you
require a review of
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The review will be undertaken by staff not involved in the original decision making process. If our decision is unchanged following a review and you remain dissatisfied with this, please note that although generally under section 47(1) of FOISA there is a right of appeal to the Scottish Information Commissioner, where the information requested is held by the Lord Advocate as head of the systems of criminal prosecution and investigation of deaths in Scotland, under section 48(c) no application can be made as respects a request for review made to the Lord Advocate. The information you have requested appears to fall into that category, although ultimately it would be for the Commissioner to decide whether that was the case should you refer the matter to her. In circumstances where section 48(c) does not apply and the Commissioner accepts an appeal, should you subsequently wish to appeal against that decision, there is a right of appeal to the Court of Session on a point of law only.
Yours sincerely
F SHAND Response and Information Unit
Crown Office and Procurator Fiscal Service Crown Office, 25 Chambers Street, Edinburgh, EH1 1LA Response and Information Unit
Tel: 0131 226 2626 or 01389 739 557 RNID Typetalk prefix: 18001 Fax:
Your ref: Our ref:
Thank you for your request dated 6 November 2015 under the Freedom of Information (Scotland) Act 2002 (FOISA) for information contained in the numbers (and positions) of Crown Office staff who have faced disciplinary action, have been suspended, sacked or moved to other duties as a result of disciplinary action from January 2013-current date, and reasons for such action. I consider that the number of COPFS staff who have faced disciplinary action, been suspended, sacked or moved to other duties as a result of disciplinary action from January 2013-current, if broken down into category of position would be so small that it would lead to individuals being identified. I therefore consider that the information you have requested is personal information, exempt from release under Section 38(1)(b) of FOISA. This is an absolute exemption and I am not required to apply the public interest test. However, I can advise you that the total number of staff who have been subject to disciplinary action, been suspended, dismissed or have been moved to other duties as a result of disciplinary action in the period requested is 40. COPFS employs more than 1,600 staff, the overwhelming majority of whom uphold our high standards of professionalism at all times. Any breach of rules, which can range from minor breaches of IT policy to more serious allegations, is dealt with swiftly and appropriately. Of the 40 members of staff referred to above, I can advise that 14 of those staff members were suspended in the period requested. The reasons for suspension include allegations related to potential criminal activity and/or charged by Police; and breach of trust.
I can also advise that of the 40 members of staff referred to above, ten of those staff members have been dismissed in the period referred to. I consider that to provide the reasons for dismissal for this number of persons would lead to individuals being identified and I therefore consider that information to be personal information and exempt from release uner Section 38(1)(b) of FOISA. This is an absolute exemption and I am not required to apply the public interest test. If you are dissatisfied with the way in which your request has been handled, you do have the right to ask us to review it. Your request should be made within 40 working days of receipt of this letter and we will reply within 20 working days of receipt. If you require a review of our decision to be carried out, please e-mail us at
[email protected] The review will be undertaken by staff not involved in the original decision making process. If our decision is unchanged following a review and you remain dissatisfied with this, please note that although generally under section 47(1) of FOISA there is a right of appeal to the Scottish Information Commissioner, where the information requested is held by the Lord Advocate as head of the systems of criminal prosecution and investigation of deaths in Scotland, under section 48(c) no application can be made as respects a request for review made to the Lord Advocate. The information you have requested appears to fall into that category, although ultimately it would be for the Commissioner to decide whether that was the case should you refer the matter to her. In circumstances where section 48(c) does not apply and the Commissioner accepts an appeal, should you subsequently wish to appeal against that decision, there is a right of appeal to the Court of Session on a point of law only.
Yours sincerely
F SHAND Response and Information Unit
