Prosecutor workload warning
Union poll on staffing levels is wake-up call for government
SCOTTISH prosecutors are increasingly concerned about preparation time for Scottish court cases, staffing levels and workload in a poll their union has warned should be a “wake-up” call to the government.
The FDA union, which represents senior public servants, revealed the fears after a poll of members found 81% were worried about the volume of work involved.
The survey of 986 members in the legal sector found almost onequarter (23%) had insufficient time to prepare cases, which was a serious cause of stress, and some of those surveyed said it could lead to mistakes in high-profile cases.
It comes amid mounting fears over the impact of 10 sheriff courts and seven justice of the peace courts closures. Holyrood Justice Committee has backed changes to legislation, sparking anger among opposition parties.
The FDA, which represents 19,000 civil servants, found almost half (46%) of those who took part said they had unrealistic time pressures in work, 33% believe they have unachievable deadlines, and 39% have to neglect some duties because they have too much work.
FDA Scottish Secretary Jim Caldwell said: “This survey shows clearly there are serious problems within Crown Office Procurator Fiscal Service that need to be addressed urgently.
“These highly trained legal professionals certainly do not lack skill or motivation, but little time for preparation is seriously damaging their ability to prosecute in the public interest.
“It cannot be acceptable that prosecutors are given less than 24 hours to prepare to take a case to court where the outcome is a possible five-year prison sentence. These cases include crimes of violence and serious sexual offences.”
He said justice administration is vital to public confidence in the legal system and added: “This should be awake-up call to management and ministers. If the government dictates that we must reduce in size then they must reduce the workload accordingly or face the consequences.”
Sheriff courts in Dornoch, Duns, Kirkcudbright, Peebles, Rothesay, Cupar, Dingwall, Arbroath, Haddington and Stonehaven will close, with business transferred to nearby locations. Many of these courts have co-located justice of the peace courts. Justice of the peace courts in Annan, Irvine, Motherwell, Cumbernauld, Portree, Stornoway and Wick will shut.
The Scottish Court Service had also recommended High Court cases are heard predominantly in Edinburgh, Glasgow and Aberdeen.
Justice Secretary Kenny MacAskill has said the sheriff courts recommended for closure deal with only about 5% of the total court business, with the SCS confident this can be handled by “a smaller number of better equipped courts.”
Crown Agent Catherine Dyer hit back at the FDA claims saying: “It is simply not true cases are being dropped due to workload or that staff numbers have reduced in size while caseload has not. We have 46 more lawyers in post than we did in 2007/8 to deal with a caseload which has decreased by over 25,000 cases.
“Being a prosecutor has never been an easy option. It involves dealing on a daily basis with the harrowing accounts of victims and witnesses affected by crime, while working to tight time limits required by law.
“Our experienced staff have all had access to excellent training. Changes enabling our lawyers to become more expert in specific case types are bedding in.”