Written Question · S1W-28382 · Session 1
What policies and procedures it has in place to ensure that any complaints made against the (a) Crown Office, (b) Office of the Procurator …
The question
To ask the Scottish Executive what policies and procedures it has in place to ensure that any complaints made against the (a) Crown Office, (b) Office of the Procurator Fiscal, (c) Scottish Legal Services Ombudsman, (d) Law Society of Scotland, and (e) police forces are dealt with correctly and without prejudice against the complainant.
The answer
The Crown Office and Procurator Fiscal Service has a complaints procedure, details of which are available on the Crown Office website. The policy is to respond to all complaints quickly, courteously, fairly and efficiently and to take appropriate action when required. In addition, members of the public can, and often do, write to the Lord Advocate either personally or via their Member of Parliament. The Lord Advocate and his officials investigate concerns and complaints made in this way with a view to giving full and objective responses.Complaints of criminal conduct by police officers are investigated independently by Area Procurators Fiscal and reported to Crown Office for consideration of a Law Officer. Again details of this procedure are available on the departmental website. The procedures for handling complaints against the police, which do not involve criminal conduct, are regulated by statute. The legislation enables a dissatisfied complainant to ask Her Majesty's Inspectorate of Constabulary to review the case. A consultation paper was issued last year with proposals on ways to enhance the independence of the police complaints system and we are currently considering the next steps in light of the responses to that consultation.The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 provides for the Scottish Legal Services Ombudsman to investigate complaints about the way in which the Law Society of Scotland has handled a complaint against a solicitor. The Ombudsman's powers and relevant procedures are set out in sections 34, 34A, and 34B of the 1990 Act and schedule 3. A complaint to the Ombudsman marks the end of the appeals process, and the Ombudsman's written report setting out her conclusions on a complaint is final. The Scottish Legal Services Ombudsman is appointed by the Scottish ministers after consultation with the Lord President of the Court of Session and is independent of both the Law Society of Scotland and the Scottish ministers. Complaints about the service received from the Ombudsman's Office should be made to the Ombudsman. The Scottish ministers may give general directions to the Ombudsman about the scope and discharge of her functions, but do not at any time get involved with individual complaints. The General Directions which came into force on 1 April 1993 are set out in Appendix A to the Ombudsman's Annual Report for 2001-02.
In the Official Report
No contribution in the Official Report cites S1W-28382 by reference.