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Footnotes
[1] Data provided by COPFS.
[2] Scottish Courts and Tribunals Service Annual Bulletin Criminal Edition 28
[3] Digital Strategy for Scotland: Vision Statement
[4] The prosecution of domestic abuse cases at sheriff summary level April 2024 at paragraph 105 and recommendation 2(b).
[5] These will also be described as ‘postal citations’ or ‘personal citations’ respectively throughout this report.
[6] Prosecutor/procurator fiscal – legally qualified prosecutor who receives reports about crimes from the police and other agencies and makes decisions on what action to take in the public interest and, where appropriate, prosecutes cases.
[7] ‘Trauma-informed’ is defined in section 114 of the Victims, Witnesses and Justice Reform (Scotland) Act 2025.
[8] Victims, Witnesses, and Justice Reform (Scotland) Bill: factsheet.
[9] Renton and Brown Criminal Procedure 6th edition, 11-14.
[10] Criminal Justice (Scotland) Act 1995 c. 20 Sch.6(l) para 113.
[11] Section 141(5B) of the Criminal Procedure (Scotland) Act 1995.
[12] Section 8 of Criminal Proceedings etc (Reform)(Scotland) Act 2007 inserted subsection (3A) into section 141 of the Criminal Procedure (Scotland) Act 1995.
[13] r2.3 Act of Adjournal Criminal Procedure Rules 1996.
[14] Criminal Justice (Scotland) Act 2016 asp 1 (Scottish Act) Pt 6 c.4 s.111(2)(a)(i)).
[15] Criminal Justice (Scotland) Act 2016.
[16] Criminal Procedure (Scotland) Act 1995 section 305(1A).
[17] Criminal Procedure (Scotland) Act 1995 section 303D.
[18] r2.4(2) Act of Adjournal (Criminal Procedure Rules) 1996.
[19] Garrow v HMA 1999 J.C. 209.
[20] It is important to note that COPFS receives reports from bodies other than Police Scotland. These are referred to as Specialist Reporting Agencies (SRAs), and include HM Revenue and Customs, Health and Safety Executive, Scottish Environment Protection Agency, Maritime and Coastguard Agency and Trading Standards Scotland, among others. COPFS should therefore consider if any of the recommendations in this report are relevant to SRAs.
[21] When initial prosecutorial decisions are made on action to be taken in a case.
[22] Key evidence is the evidence required for proof of the offence, such as a statement from the complainer or other eyewitnesses, photographs, video and any forensic evidence.
[23] A procedural court hearing that calls in court around a fortnight before the trial, to establish the state of preparation of the prosecutor and the defence, and whether the trial diet is likely to go ahead.
[24] And separately for domestic offences.
[25] A re-citation is a second or subsequent citation of a witness in the same case.
[26] The Summary Case Management (SCM) Pilot Final Evaluation September 2024.
[27] Data provided by COPFS.
[28] Scottish Courts and Tribunals Service Annual Bulletin Criminal Edition 28.
[29] In 2023-24, evidence was led in 11% of summary trials and in 19% of sheriff and jury trials.
[30] This is a national figure and covers all types of court.
[31] The reasons that Police Scotland are only able to estimate an approximate figure are that the LDD does not include all citations, e.g. on demand citations which are routinely received via email and not in all cases uploaded to the LDD; response officers may not have time to and/or forget to update the LDD after serving citations; expired citations remain as ’allocated and ongoing’ until they are manually removed, which officers do not always have time to do; returned citations to COPFS are reprinted and sent back to Police Scotland; in addition to new citations received within the timeframe, Police Scotland will also have a backlog of citations to serve at any one point in time.
[32] Data provided by Police Scotland.
[33] From 21 to 28 days for summary cases and from 7 to 28 days for sheriff and jury cases.
[34] It should be noted that blank responses to individual questions were excluded therefore percentages shown are not always calculated from the total number of respondents.
[35] An additional 43 responses were received over both surveys but were excluded from quantitative analysis due to completion of the wrong survey. Any free text responses were included in the narrative analysis.
[36] The statistics given represent the respondents of the survey only. It is not claimed that the survey is representative of any wider populations of public, professional, police or forensic witnesses.
[37] It should be noted that percentages drawn from the surveys have been rounded to the nearest whole number so may not always equal exactly 100 per cent.
[38] For example, an early plea of guilty or adjourned to a later date. SCTS data at May 2025 shows in 2024/25, 31% of all trials were called and adjourned – Scottish Courts and Tribunals Service Management Information Data May 2025.
[39] Victims and witnesses – 61%; professionals – 42%.
[40] Victims and witnesses – 20%; professionals – 26%.
[41] Victims and witnesses – 20%; professionals – 14%.
[42] HM Inspectorate of Prosecution in Scotland report on 'The prosecution of domestic abuse cases at sheriff summary level' paragraphs 403-420
[43] As stated previously, it should be noted that blank responses to individual questions were excluded therefore percentages shown are not always calculated from the total number of respondents.
[44] This is a national figure and covers all types of court.
[45] Cases can be adjourned either on Crown motion, defence motion, joint motion or by the court.
[46] COPFS: 'Protocol for witness citation targets' May 2013.
[47] The date assigned for a case to call in court where they will usually be asked whether they plead guilty or not guilty.
[48] Source – COPFS.
[49] Where the accused is in custody, the witness is a child or deemed reluctant/hostile.
[50] DX Group – courier service.
[51] COPFS: 'Guide to claiming expenses for attending court' August 2024.
[52] Source – COPFS.
[53] The reasons that Police Scotland are only able to estimate an approximate figure are that the LDD does not include all citations, e.g. on demand citations which are routinely received via email and not in all cases uploaded to the LDD; response officers may not have time to and/or forget to update the LDD after serving citations; expired citations remain as ’allocated and ongoing’ until they are manually removed, which officers do not always have time to do; returned citations to COPFS are reprinted and sent back to Police Scotland; in addition to new citations received within the timeframe, Police Scotland will also have a backlog of citations to serve at any one point in time.
[54] Data provided by Police Scotland.
[55] COPFS Strategic Plan 2023-27.
[56] DESC is a collaborative programme between the Scottish Government, Police Scotland, COPFS and SCTS to allow digital sharing of evidence across the justice sector.
[57] COPFS Business plan 2025-26.
[58] An indictment is a court document that sets out the charges the accused faces at trial in solemn proceedings, along with lists containing the names of the prosecution witnesses and items of physical evidence.
[59] A complaint is a court document in summary proceedings detailing the charges against the accused.
[60] Police Scotland Annual Police Plan 2025/26.
[61] Scottish police forces that were combined to form Police Scotland.
[62] We are aware that COPFS is undergoing a restructure towards the end of 2025 under the auspices of ’Designed for Success’; however, our inspection activity took place before this was fully implemented.
[63] BBC News: 'Royal Mail to scrap second-class post on Saturdays' 10 July 2025.
[64] HM Inspectorate of Prosecution in Scotland reports: 'Responding to enquiries: service delivery through National Enquiry Point' January 2025, 'The prosecution of domestic abuse cases at sheriff summary level' April 2024.
[65] HMICS, 'Thematic inspection of road policing in Scotland', November 2024.
[67] COPFS, 'Lord Advocate's guidelines to chief constables on the citation of witnesses'.
[69] IPS Inspection 'Responding to enquiries: service delivery through National Enquiry Point' paragraph 138
[70] COPFS Sexual Offences Review Report published December 2025.
[71] COPFS Strategic Plan 2023-27.
[72] Published internally within COPFS 01/08/24 – a SharePoint platform with a centralised online location within Microsoft where information can be shared - in this instance, training materials.
[73] Body-worn video (BWV) is digitally recorded evidence from overt cameras worn by police officers and police staff.
[74] Given the terms of the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) 2025, there may require to be consideration of police officers obtaining consent to receive electronic communication from a witness when they obtain an email address.
[75] In some cases, Police Scotland does not require to report cases to COPFS and can consider other disposals, for example issue a Police Warning or a Fixed Penalty.
[76] Police Scotland, Reports and Statements Writing Guide (May 2024).
[77] Case-Related Instructions Protocol
[78] ‘Guidance for Reducing Unnecessary Police Witnesses in Standard Prosecution Reports’.
[79] When initial prosecutorial decisions are made on action to be taken in a case.
[80] Digital evidence can include but is not limited to CCTV, mobile phone data, doorbell footage, etc.
[81] Instead of prosecuting an accused in court, the prosecutor may decide that it is more appropriate and in the public interest that an alternative to prosecution is offered.
[82] the document signed by someone who has been arrested and released on police bail after promising to come to court at a later date and agreeing to certain conditions, such as not committing any other crimes.
[83] A trainee solicitor. Within COPFS, trainees receive training on the skills required to be a procurator fiscal depute.
[84] HM Inspectorate of Prosecution in Scotland report on 'The prosecution of domestic abuse cases at sheriff summary level' paragraph 129.
[85] A COPFS court minute is the record taken by the procurator fiscal depute of proceedings in court on any given date.
[86] A case minute sheet note is a digital note that can be inserted into the case management system by COPFS staff in summary cases.
[87] Criminal Courts, Practice Note No 1 of 2025, Summary Case Management.
[88] Sheriff Court Solemn Procedure, Criminal Court Practice Note No 1 of 2024.
[89] HM Inspectorate of Prosecution in Scotland 'Thematic review of the investigation and prosecution of sheriff solemn cases' February 2019, paragraph 105.
[90] A written record requires to be submitted by Crown and defence to the court in each sheriff and jury case prior to the first diet, outlining the state of preparation and covering many issues such as witness unavailability, evidence capable of agreement etc., that will inform the court of the state of preparation.
[91] This is also possible in summary cases but is seldom used.
[92] Act of Adjournal (Criminal Procedure Rules) 1996 SI 1996/513 Schedule 2 Criminal Procedure Rules 1996 Rules 8.23 & 16.6. Forms 8.2-D, 8.2-E, 8.2-F, 16.6-A, 16.6-B, 16.-C, 16.6-D.
[93] “The forms were created following detailed consideration by the Criminal Courts Rules Council with input from the judiciary, Victim Support Scotland, Scottish Courts and Tribunal Service, the Crown Office and Procurator Service, the defence bar and the Scottish Government.” (extract from a news item on the SCTS website dated 1st November 2023).
[94] Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Witness Citations in Solemn Proceedings) 2023.
[95] Although it is not possible to provide a summary of the evidence to witnesses for legal reasons.
[96] Data provided by COPFS.
[97] HM Inspectorate of Prosecution In Scotland reports: 'The prosecution of domestic abuse cases at sheriff summary level', paragraph 451 and 'Responding to enquiries: service delivery through National Enquiry Point', paragraph 250.
[98] A warrant for the arrest of a witness in order that they may be brought before the court.
[99] Under section 137 of the Criminal Procedure (Scotland) Act 1995.
[100] Some civilian witnesses may be told by Victim Information and Advice (by telephone or letter) of the trial date prior to the citation being issued, or may have been in attendance at court when a trial was adjourned to a later date.
[101] HM Inspectorate of Prosecution in Scotland report on 'Responding to enquiries: service delivery through National Enquiry Point, January 2025 , page 32.
[102] A random sample of 144 calls and 56 emails from over 4,000 enquires received by National Enquiry Point in the week commencing Monday 22nd April 2024.
[103] Joint Protocol for the Excusal of Police Witnesses from attending Court between Crown Office and Procurator Fiscal Service and the Police Service of Scotland.
[104] As stated previously, it should be noted that blank responses to individual questions were excluded therefore percentages shown are not always calculated from the total number of respondents.
[105] The Police Negotiating Board Scotland, 'Police Officer Handbook - Agreed Guide to Police Officer Conditions in Scotland'.
[106] This was highlighted in HM Inspectorate of Prosecution in Scotland report 'The prosecution of domestic abuse cases at sheriff summary level'. See para 392 et seq.
[107] COPFS Local Court Business Plan 2025-26.
[108] HM Inspectorate of Prosecution in Scotland report 'The prosecution of domestic abuse cases at sheriff summary level' page 99.
[109] Between the financial years 2019/20–2024/25, this figure has varied between 52% and 59%. Data source SCTS.
[110] Data source SCTS.
[111] Standards of Service for Victims and Witnesses 2024-25.
[112] Police Scotland, Crown Office and Procurator Fiscal Service, Scottish Courts and Tribunals Service, Scottish Prison Service and Parole Board for Scotland.
[113] After conviction, the court may defer a case to a date in the future before imposing a final sentence on an accused.
[114] Police Witness Summary Court Standby Protocol (Memorandum of Understanding), dated August 2013.
[115] Source – COPFS. This consisted of 337,090 summary cases and 61,714 sheriff and jury cases.
[116] Section 148 of the Criminal Procedure (Scotland) Act 1995 and Practice Note No 1 of 2025 Summary Case Management.
[117] FOS – Future Office System, part of the COPFS case management system.
[118] Source COPFS.
[119] Source COPFS.
[120] Chief Constable's assessment of policing performance 24-25, page 24.
[121] Section 141(3A) of the Criminal Procedure (Scotland) Act 1995.
[122] With the introduction of Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025.
[123] In particular, the Criminal Justice (Scotland) Act 2016 which inserted section 305(1A) to the Criminal Procedure (Scotland) Act 1995 and Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025 which inserted section 303D into the Criminal Procedure Scotland Act 1995. See also paragraphs 23 to 25 above.
[124] IPS report: 'Responding to enquiries: service delivery through National Enquiry Point' January 2025
[125] Given the terms of the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) 2025, there may need to be consideration about obtaining consent to receive electronic communication from witnesses.
[126] Source, COPFS.
[127] COPFS intranet article entitled ‘COPFS Solar Energy – we’ve got the power’, published 21.06.23.
[128] Northern Ireland, Department of Justice, Causeway.
[129] In solemn proceedings there may also be a legislative difficulty in issuing a ‘notice of trial letter’ given the terms of section 90A of the Criminal Procedure (Scotland) Act 1995 which contrasts with the wording in section 141(5B) of the Criminal Procedure (Scotland) Act 1995 for summary proceedings.