Written Question · S3W-15527 · Session 3
What plans it has for a fully transparent complaints procedure against the Crown Office and Procurator Fiscal Service for members of the pu…
The question
To ask the Scottish Executive what plans it has for a fully transparent complaints procedure against the Crown Office and Procurator Fiscal Service for members of the public.
The answer
The Crown Office and Procurator Fiscal Service (COPFS) have a Customer Feedback Policy which has been in place for several years.
This policy currently involves a three stage process. The first stage involves the complaint being handled speedily by a manager in the Procurator Fiscal office or division where the complaint originated. If the complainant is dissatisfied with the terms of the response to their complaint, they can ask the Area Procurator Fiscal or respective Division Head to review their case.
The Area Procurator Fiscal or Division Head will review the case and provide a further response. If the complainant remains dissatisfied with the terms of this response, they can ask the Crown Agent, Head of COPFS for a further review.
If the complainant remains dissatisfied then this matter can be taken up with the Scottish Public Services Ombudsman.
The Ombudsman has a statutory remit which includes the power to investigate alleged maladministration. The Ombudsman has no role in relation to examining how and why legal decisions were taken, but does have a role in examining how COPFS handled a complaint. It is for the Ombudsman to decide whether the complaint has grounds that require to be investigated.
The full policy can be found on the Crown Office website at:
http://www.copfs.gov.uk/Contacts/CustFeePol.
This policy currently involves a three stage process. The first stage involves the complaint being handled speedily by a manager in the Procurator Fiscal office or division where the complaint originated. If the complainant is dissatisfied with the terms of the response to their complaint, they can ask the Area Procurator Fiscal or respective Division Head to review their case.
The Area Procurator Fiscal or Division Head will review the case and provide a further response. If the complainant remains dissatisfied with the terms of this response, they can ask the Crown Agent, Head of COPFS for a further review.
If the complainant remains dissatisfied then this matter can be taken up with the Scottish Public Services Ombudsman.
The Ombudsman has a statutory remit which includes the power to investigate alleged maladministration. The Ombudsman has no role in relation to examining how and why legal decisions were taken, but does have a role in examining how COPFS handled a complaint. It is for the Ombudsman to decide whether the complaint has grounds that require to be investigated.
The full policy can be found on the Crown Office website at:
http://www.copfs.gov.uk/Contacts/CustFeePol.
In the Official Report
No contribution in the Official Report cites S3W-15527 by reference.