Citing witnesses in the sheriff court

43. In carrying out our inspection, we were guided by our respective inspection frameworks. These frameworks provide a structure within which we ensure a consistent and professional approach to our work. Based on the European Foundation for Quality Management (EFQM) Model, our frameworks have three overarching themes, each supported by a key question:

• Outcomes – What is the service achieving? What does it intend to achieve in the future?
• Direction – Why does this service exist? What purpose does it fulfil?
• Delivery – How does this service deliver on its purpose?

44. The key inspection questions we sought to answer were:

• How efficient and effective is the process for citing witnesses?
• How well does the current citation process meet the needs of witnesses and the justice system?
• What is the vision for citing witnesses?

45. We used several different methods of gathering evidence for the inspection, including desktop research, case reviews, fieldwork (interviews and focus groups), surveys, observations and benchmarking.

46. We undertook a review of 20 cases to follow the citation journey through the justice process. This involved an examination of the information on Police Scotland and COPFS systems, noting any issues and identifying best practice. Key areas reviewed included the SPR, management of the citation, excusal and countermand processes, and communication with witnesses.

47. Four geographical areas were chosen: Dundee, Edinburgh, Elgin and Paisley. These areas were chosen as they had a mix of demographic profiles, sufficient cases from which to extract a sample, and an appropriate mix of summary, and sheriff and jury cases. Two of the case review areas (Dundee and Paisley) were within the SCM pilot. Within these parameters, cases were sampled randomly; however, due to resourcing restraints, the sample size was not sufficiently large to be statistically significant, and the case review was qualitative in nature.

48. Fieldwork was conducted in the four same areas as the case reviews, as well as within Police Scotland and COPFS national and executive functions. Twelve focus groups were conducted and over 90 people from COPFS and Police Scotland participated in interviews. In both organisations, staff at all levels from frontline staff to senior management and executive positions were included in the fieldwork to ensure a breadth of knowledge and opinion.

49. We conducted two public surveys: one for those working in Police Scotland (police officers and staff members and forensic scientists – the ‘police’ survey), and one for members of the public and professional witnesses who had been cited for court (the ‘public’ survey). The survey links were publicised in various ways including the Police Scotland intranet, IPS and HMICS websites, via social media channels, and direct targeting of stakeholders including organisations representing victims.

50. The surveys were open from 13th to 27th March 2025. We received 988 responses to the police survey and 144 responses to the public survey.[34][35] Of those who responded to the public survey:

• 65% (94) were victims and witnesses
• 35% (50) were professionals (a person who gives evidence in court in the course of their job, such as a doctor or a technical expert).

Of those who responded to the police survey:

• 88% (870) were police officers
• 6% (63) were members of forensic services
• 6% (55) were members of police staff.

51. It should be noted that the surveys were non-probability samples (respondents chose to participate based on whether they saw the survey and wanted to complete it) and will therefore be subject to sampling bias.[36] However, the high number of respondents indicates a good level of engagement with the subject matter.

52. Various site visits were conducted throughout the inspection. This included visits to the COPFS National Print Unit and COPFS offices, and demonstrations of the COPFS Witness Gateway Service and the Police Scotland Police Witness Scheduling Application.

53. As part of our inspection, we carried out a benchmarking exercise with other jurisdictions to look at how citations are dealt with in comparison with Scotland. We kept the focus narrow and looked at England, Ireland, Northern Ireland and Wales.

54. The benchmarking was a mixture of desk-based methods and speaking to practitioners from other jurisdictions.

55. The legal systems are different in each of these countries and therefore no direct comparisons can be made with the Scottish system, although we sought to identify any areas of good practice. We gathered evidence from various sources, including contacting the following organisations:

• Director of Public Prosecutions Ireland (DPPI) and Garda Síochána na hÉireann (Garda)
• Dyfed-Powys Police
• Essex Police
• Public Prosecution Service for Northern Ireland (PPSNI) and Police Service of Northern Ireland (PSNI)
• Thames Valley Police
• West Midlands Police.