Natural Justice

16 April 2008

This report is the result of a joint inspection by Her Majesty’s Inspectorate of Constabulary for Scotland (HMICS) and the Inspectorate of Prosecution in Scotland (IPS) into the prevention, investigation and prosecution of Wildlife Crime in Scotland.

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Recommendations:

Number

Recommendation

1

That the Scottish Government creates a wildlife crime reduction strategy or equivalent policy statement.

2

That the Wildlife and Habitats Crime Prosecution Forum be constituted so that the maximum operational and policy benefit can be gained from open and forthright debriefing of cases between the relevant agencies.

3

That there is full implementation of the stated specialist wildlife prosecutor role within COPFS.

4

That there is increased communication within COPFS on the role of specialist wildlife prosecutors.

5

COPFS provide more information on the role of specialist wildlife prosecutors to partner agencies and to each police force area wildlife crime coordinator.

6

That in each COPFS area the specialist wildlife prosecutor ensures there is liaison and communication between them and the police wildlife crime co-ordinator.

7

That all reporting agencies indicate at the start of each report to COPFS that the case should be considered and marked by the area specialist wildlife prosecutor.

8

That there is set up and maintained a properly constituted sub-group of PAW (Scotland) ‘Legislation, Regulation & Guidance’ with representation From relevant wildlife and rural agencies to review existing legislation and regulation and make recommendations.

9

That in order to produce clear and consistent guidance the Legislation, Regulation & Guidance sub-group of PAW (Scotland) take responsibility for such publications. The sub-group should work with the various wildlife and rural agencies to oversee and produce these under PAW (Scotland) branding, thus promoting the PAW (Scotland) partnership and demonstrating that the guidance has the approval of the Scottish Parliament.

10

That the PAW (Scotland) Legislation, Regulation & Guidance sub-group consider whether it would be appropriate to place any provision for criminal vicarious liability before Parliament for its consideration on this matter.

11

That PAW(Scotland) consult upon, agree and publish comprehensive guidance on the various measures that can be used to deter or ultimately be applied as sanctions in relation to wildlife crime.

12

That COPFS carry out a training needs assessment for specialist wildlife prosecutors and provide a suitable training package for both newly appointed specialists and ongoing training.

13

That forces have a formal interview process for appointing WECOs that includes the force co-ordinator or force lead on wildlife crime.

14

That a generic national role description for WECOs be agreed to allow training needs to be assessed. This could be carried out through the relevant PAW (Training and Awareness) sub-group structure.

15

That a national training programme for WECOs be agreed, based substantially on existing arrangements and following good practice as identified by the Wildlife and Habitats Crime Prosecution Forum.

16

That relevant Scottish Government Directorates consider whether they could benefit from the secondment of a WECO as takes place elsewhere within the United Kingdom.

17

That those forces that do not already have a full-time wildlife crime coordinator post, create one and appoint a police officer to the role.

18

That PAW (Scotland) assumes the strategic and pivotal role in reducing wildlife crime in Scotland and adopts the series of actions set out at pages 31/32 of this report.

19

That the chair of PAW (Scotland) through an appropriate sub-group, administers a fund to support certain high priority investigations and the development of more effective practices to combat wildlife crime.

20

That PAW (Scotland) consider the greater use of Crimestoppers as a means of reporting wildlife crime.

21

That ACPOS work with the proposed PAW (Scotland) structure to develop a common minimum standard of investigation for wildlife crime.

22

That the Wildlife and Habitats Crime Prosecution Forum initiate debriefs following significant wildlife crime investigations and prosecutions, either locally with partners or where appropriate nationally.

23

That where a specialist agency has played a significant part in an investigation the reporting officer will confirm to the agency whether or not a report is being submitted to COPFS. If one is being submitted the reporting officer will confirm with the agency that the report accurately reflects its involvement. The report will confirm the agency has been advised of the submission of the report and that the agency agrees the report accurately reflects its involvement.

24

While the independence of COPFS to decide on proceedings emanating from a report is not questioned, it is recommended that where a specialist agency has played a significant part in an investigation and COPFS take proceedings, they will discuss charges and any proposed plea resolution with the specialist agency.

Publication type: 
Inspection report