Written Question · S1W-11558 · Session 1
Whether there are any plans to review prosecution practice and policy in the light of any recent trials.
The question
To ask the Scottish Executive whether there are any plans to review prosecution practice and policy in the light of any recent trials.
The answer
The trial of David Montgomery and Andrew Coulter for the murder of Surjit Singh Chhokar concluded today at the High Court in Glasgow. Neither was convicted of the murder. Andrew Coulter was convicted of assaulting Surjit Singh Chhokar, while acting along with Ronnie Coulter, by repeatedly striking him on the body with a piece of wood and metal. He was also convicted of a charge of housebreaking at Mr Chhokar's house and theft of a cooker and giro cheque and of a charge of uttering in connection with the giro cheque. He received a total sentence of 15 months detention, consecutive to the sentence that he is currently serving.David Montgomery was acquitted. I acknowledge that mistakes were made in this case, particularly in relation to the level of support and information given to the late Mr Chhokar's family. I am determined that all possible lessons will be learnt and I am today setting up independent inquiries to look into two separate aspects of the case.Sir Anthony Campbell, of the Northern Ireland Judiciary, will carry out an independent examination of the Crown's decision making following the death of Surjit Singh Chhokar, including the decision to indict Ronald Coulter separately from Andrew Coulter and David Montgomery. He will have the opportunity to interview all staff in the PF office at Hamilton and Crown Office as well as Advocate Deputes and Law Officers who dealt with the case. Sir Anthony will make such findings and recommendations for changes in practice and procedure as he sees fit. Sir Anthony's findings will be published.Raj Jandoo, Advocate and Deputy Chair of the Scottish Executive Stephen Lawrence Inquiry Steering Group, will review and report on the liaison arrangements between the police, the Procurator Fiscal Service, and the Crown Office and the family of Surjit Singh Chhokar. As part of his remit, Dr Jandoo will consider and complete an internal report prepared by the Crown Office. He will take evidence from the family of Surjit Singh Chhokar, their representatives and from the police. He will also consult the Commission for Racial Equality and Victim Support Scotland. While most of the inquiry will be conducted in private, there will also be a public dimension to consider draft recommendations. Dr Jandoo's findings and recommendations for action will also be published.The Deputy First Minister will be inviting the Stephen Lawrence Inquiry Steering Group, which comprises representatives of the police, Crown Office, Commission for Racial Equality and independent members, to oversee the implementation of Dr Jandoo's recommendations.A number of measures have already taken place to implement the Stephen Lawrence Inquiry in Scotland, including the production of a Racial Diversity Strategy and Guidance Manual by the Association of Chief Police Officers in Scotland, Crown Office guidance prosecution of racist crimes and a programme of anti-racist training for Crown Office staff. Her Majesty's Chief Inspector of Constabulary has carried out a thematic inspection on the police and race issues in Scotland which will be published in the New Year. The steering group has reviewed the Executive's action plan and their report will also be published shortly. We intend to build on this progress that has already been made in taking forward the lessons to be learnt from the Chhokar case.
In the Official Report
No contribution in the Official Report cites S1W-11558 by reference.