Thematic inspection of road policing in Scotland

Road Safety Framework to 2030

200. The targets in the Road Safety Framework to 2030 started with a baseline number drawn from average casualty numbers between 2014 and 2018. The illustration below shows the initial baseline, casualty rates for subsequent years, and how they compare against the 2030 targets:

Figure 3 – Initial baseline, casualty rates and how they compare against the 2030 targets

201. As can be seen above, the number of casualties dropped during 2020, probably as a result of the restrictions imposed due to COVID 19. Since the restrictions were eased the total number of casualties in Scotland has steadily increased each year. We heard that the challenging targets set out in Road Safety Framework to 2030 are unlikely to be met if the current trends continue.

202. We also observed that enforcement of road traffic offences has reduced significantly over the last 10 years (Scottish Government data shows a 63 per cent reduction). The extract below is taken from the recorded crime statistics produced by the Scottish Government.

Picture 4 – Road traffic offences

203. The data shows that road traffic offences accounted for 63 per cent of all offences recorded in Scotland in 2022-23. Between 2021-22 and 2022-23, the number of road traffic offences recorded by the police decreased by 2 per cent (from 111,987 to 109,320). Over the longer term, there has been a decrease of 63 per cent since 2013-14. As highlighted earlier in this report, it is worthy of note that the overall number of police officers in Scotland in 2014 was 17,254 compared to the current overall establishment of 16,425. This means that are now less officers available to provide visibility and enforcement on Scotland’s roads. This reduction in available resources will be one contributory factor in the reduction in enforcement activity. The 2023 systematic review on the effectiveness of police presence (mentioned in paragraph 48) highlights the likelihood in an increase in the type of activity in driver behaviour that lead to serious and fatal road collisions.

204. The recent increases in road casualties is complex and there is no single factor that has caused the trend to increase. However, we are concerned that – at a time when casualties are increasing – Police Scotland has decreased rather than increased its enforcement activity in this high-priority area. Police enforcement activity and the visibility of police on Scotland’s roads is a key component in changing driver behaviour and reducing the upward trend in casualties.

Diversion from prosecution

205. The provision of educational courses, as an alternative to prosecution, has not yet been implemented to best effect in Scotland. There are limited examples of alternatives to prosecution in Scotland for driving offences. One example is the Driver Improvement Scheme (DIS), which police can suggest where someone has been charged with a contravention of section 3 of the Road Traffic Act 1988 (careless or inconsiderate driving). The DIS incorporates both the National Driver Alertness Course (NDAC) for vehicles and the Rider Intervention Developing Experience (RIDE) for motorcyclists. Such an alternative would be suggested by a police officer in the standard prosecution report (SPR), which is submitted to the Procurator Fiscal after an individual is charged with such an offence. The Procurator Fiscal then decides if an alternative to prosecution is appropriate. The process is outlined in the Police Scotland DIS Standard Operating Procedure, derived from the Lord Advocate's guidelines on how the scheme should be run.

206. The police and Procurator Fiscal in Scotland also have the option of imposing conditional offers of fixed penalty notice for certain road traffic offences under Section 75 of the Road Traffic Offenders Act 1988. If an individual does not comply with the conditional offer issued by the police, they would then be reported to the Procurator Fiscal for a prosecution decision.

207. We do not believe that these alternatives go far enough, and more measures are required to improve driver education and behaviours on the road. While fines and penalty points have an important place in the criminal justice system in dealing with more serious driving offences, there are offences that could be dealt with in an educational manner, as seen elsewhere in the UK.

208. Police Scotland is, at present, the only UK police force not offering the National Driver Offender Retraining Scheme (NDORS) courses as an alternative to prosecution. This scheme is managed and administered by a private not-for-profit company called UK Road Offender Education (UKROEd) on behalf of the police. The courses are either provided by the police, or contracted out to a registered provider (training and registration of providers is also managed by UKROEd).

209. Courses available through UKROEd offer an alternative to penalty points and fines, and include the following:

• NMAC (National Motorway Awareness Course)
• NRRAC (National Rider Risk Awareness Course)
• NSAC (National Speed Awareness Course)
• SCC (Safe & Considerate Cycling Course)
• SCD (Safe and Considerate Driving Course)
• WDU (What's Driving Us? Course)
• YBYL (Your Belt Your Life Course).

210. As can be seen from the list these courses go beyond the DIS alternative to prosecution, and widens the scope of offences that would be available to educate drivers who have breached the law.

211. Decisions on suitability for diversion from prosecution are different in Scotland compared with other parts of the UK. In England and Wales, the relevant Chief Constable decides on the suitability of the offender to attend a course, but in Scotland any alternative scheme would require approval from the Lord Advocate, with appropriate Lord Advocates Guidelines to determine the operation of the alternative scheme.

212. As with the DIS alternative, there is a cost associated with attending a course. These costs are recoverable from the individual attending the course if they agree to attend, and include an administration fee to both UKROEd and the police for managing the courses provided. The powers associated with this cost recovery are enshrined in legislation within section 89 of the Police, Crime, Sentencing and Courts Act 2022, which is also applicable in Scotland.

213. We are aware that there is work being undertaken by the Road Traffic Diversionary Course Working Group – Scotland, chaired by Transport Scotland, to discuss diversionary courses. We are also aware that UKROEd has been invited to participate in those discussions and we welcome this development.

214. We would recommend that Police Scotland engages with both UKROEd and other key stakeholders to progress the full implementation of educational courses for people who commit driving offences that may be appropriately addressed through learning.

Road safety strategic outcomes

215. The criminal use of the roads by organised crime groups transporting illicit drugs is an area that requires constant attention by Police Scotland. We identified that road policing officers play a valuable role in tackling serious and organised crime groups, conducting regular Proceeds of Crime Act 2002 cash and drug seizures. It is vital that intelligence is used on a cross-border basis to target individuals and groups conducting such illegal activity on the roads. We found good examples of road policing officers causing significant disruption activity, carrying out drug and cash seizures through pro-active policing of the road network in Scotland.

Road safety stakeholder perceptions

216. Understanding the expectations and perceptions of the public (specifically, those with lived experience) is vital in ensuring that police are delivering services to a high standard. While there is no direct contact with the public specifically on road policing, feedback is encouraged from anyone who has had contact with Police Scotland. Police Scotland carries out user experience surveys to collect such feedback. Road policing features regularly in the Your Police survey, with speeding and vehicular antisocial behaviour being two particular issues of public concern. The feedback received helps Police Scotland to understand where the issues are and what action needed.

217. Police Scotland also attends local meetings and receives correspondence from the public and elected members in order to understand what the local problems are. Vehicular antisocial behaviour of all descriptions is a common theme raised at meetings and in correspondence to the police. We found that, at times, police officers have difficulty managing the demand associated with road safety – in particular vehicular anti-social behaviour. This type of antisocial behaviour is often committed by younger adults and children, which brings an element of risk when trying to tackle it. It is usually community policing officers who are tasked with tackling antisocial behaviour. We found that those officers have limited time to deal with such issues, due to other competing priorities. We did find that there were a number of community groups who have supported the police on speed watch campaigns.

218. Police Scotland also engages with a range of partner organisations who represent vulnerable road users and families of people killed in collisions. Using the experience of victims and/or their families is vital in understanding how best to improve services and meet people’s needs. We saw clear evidence that road policing has good engagement with partners in Transport Scotland, including Road Safety Scotland, as well as with third sector organisations such as Cycling Scotland/UK, and Brake.

Family Liaison roles

219. The police have a wide range of functions when dealing with a fatal collision. Their investigative role is to ensure that the facts and circumstances of the fatal collision are established, but they also have an important role in providing support, advice and assistance to the families of those people who have died. It can be difficult for bereaved families to navigate their way through the complexities of a fatal road crash investigation and possible criminal proceedings, at a time when they are at their most vulnerable.

220. Having a family liaison officer (FLO) appointed to the family of a victim can have a significant impact on them, and their experience of the justice system if the case progresses through the courts. This role can facilitate access to other services, including support charities specialising in supporting victims and their families. The FLO also supports the family by ensuring they are kept up to date with information as it becomes available.

221. We identified clear evidence that there are not enough FLOs to deploy to every fatality, so the service provided to the families of victims is inconsistent. There should be a clear policy on FLO deployment, ensuring that there is a consistent level of service available to the bereaved following a fatal collision.

223. For example, we were told the use of the word ‘accident’ can be upsetting when someone has died, since this suggests that the collision could not have been predicted, or avoided and that it is just ‘one of those things’. Using factual terms such as ‘crash’ or ‘collision’ to describe incidents is less likely to cause distress to people. Police Scotland must continue to update its guidance for officers and staff, and ensure that a trauma-informed approach is adopted by officers and staff supporting people affected by a serious road collision.