CUTS to the number of Crown Office staff could “impact on the wider justice system” as well as putting the health and welfare of prosecutors at risk as they come under increasing pressure, union chiefs have warned.
The section of the FDA union that represents the majority of Scotland’s prosecutors said the budget for the Crown Office and Procurator Fiscal Service (COPFS) will have been slashed by more than one fifth since 2009, in real terms, by 2018-19.
The Procurator Fiscal Society section of the FDA said while the “professionalism and dedication” of its members remained firm, it believes there “is a risk that current conditions may place the health and welfare of prosecutors in jeopardy and that this presents a risk to the effective delivery of justice”.
It added: “We cannot see how COPFS can continue to deliver current or improved standards of service with the reduced staffing levels that will be required under the predicted real-terms budget cuts that a flat-cash settlement would represent.
“We fear that, not only will our members bear the consequences of these increased pressures, but there will inevitably be an impact on the wider justice system and the service provided to the public.”
In such circumstances, it said Scottish Government ministers must either fund the COPFS “adequately” or make “difficult decisions” about what the service can be expected to deliver.
The union raised its concerns in a submission to Justice Committee MSPs who are preparing to scrutinise the draft budget for the coming year.
A Government spokesman said the COPFS would receive more than £114 million in 2018-19, with this representing a real-terms increase.
However, the Procurators Fiscal Society of the FDA said: “By way of illustrating the level of cuts that have already been absorbed by the department over recent years, the budget in 2009-10 was £118.3m. If our budget had kept pace with inflation, by 2016 this would have amounted to £145.6m — a difference of almost £35m.”
About three quarters of cases in the high court involve sexual offences – up from 50 per cent two years ago — with the union saying these involve “complex investigation” work as well as being “intensive cases which carry significant welfare risks to members involved”.
Despite a recent recruitment drive, the number of prosecutors is almost six per cent lower than an all-time high of 558 full-time staff in 2009.
The union submission stated: “FDA’s view is that current resources are insufficient for the additional demands placed on, and increased workload of, the service.
“It is time either for the commitment to match the resources or for those difficult decisions to be made about what aspects of the service and work that we currently undertake will we stop doing.”
A Scottish Government spokesman said: “The draft Budget will provide over £114m for COPFS in 2018-19 — a real-terms increase, including additional funding for staff costs. Staffing decisions within the COPFS are matters for the crown agent.
“The Scottish Government has provided additional funding of £2.4m in each year since 2015-16 towards the courts and Crown Office, in addition to their budget allocations, for extra fiscals, court staff, and judiciary to help deal with cases involving domestic abuse and sexual offences.
“This funding has been base-lined into the announced budgets for the courts and Crown Office in 2018-19.”
Crown Agent David Harvie said: “The COPFS welcomes the increase in its budget, which reflects the importance the Scottish Government attaches to the work of the service.
“The profile of the service’s casework continues to evolve and we must meet the challenges that this presents. For example, over the last year we have seen a 50 per cent increase in serious sexual crimes reported to the service.
“We will continue to serve the people of Scotland and find ways of getting the most from our budget, through reducing non-staff costs and supporting our skilled and dedicated people to prosecute crime and investigate deaths, effectively.”
Justice Committee convener Margaret Mitchell said MSPs had already warned that “if the COPFS’ workload is not addressed there will be gravely adverse consequences for Scotland’s prosecution system”.
She added: “We do not want there to be a major tragedy or a trial thrown into question before this problem is taken seriously.”
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