Status of all recommendations

COPFS should introduce and maintain effective and formal quality assessment for the citation process and citation decisions, ensuring that any failures identified are reported to those with managerial oversight.

COPFS should:

(a) issue guidance on where discussions between the Crown and defence, and final decisions about agreement of evidence, should be recorded in the case management system to provide a consistent and identifiable record;

(b) issue guidance for case markers and local court staff on appropriate use and consequence of the ‘agree evidence’ facility in the case management system; and

(c) implement instructions and measures for prosecutors to link evidence capable of agreement and specific witnesses, at the marking stage.

COPFS should ensure all prosecutors engaged in the conduct of sheriff and jury business are aware of the content of the Sheriff Court Solemn Procedure Criminal Courts Practice No 1 of 2024 and are adequately trained on the contents to ensure compliance. Existing sheriff and jury prosecutors should undertake this training within six months of the publication of this inspection report, and prosecutors transferring to sheriff and jury teams should undertake relevant training within a month of their transfer.

COPFS should:

(a) ensure that the processes legislated for in the 2017 sheriff and jury reforms are given effect;

(b) publish guidance for staff on the witness engagement process;

(c) ensure that there are sufficient resources within the witness engagement team to give effect to this process;

(d) monitor that staff in COPFS local offices are following the witness engagement process; and

(e) monitor that written records are being completed with witness unavailability.

COPFS should:

(a) ensure that staff engaged in sheriff and jury case preparation identify reluctant witnesses, attempt to engage them in the justice process and then, if necessary, cite such witnesses to first diets where appropriate; and

(b) work with Police Scotland to ensure that effective processes are in place for the issue and return of executions of service for witnesses cited to attend first diets.

COPFS should:

(a) work with SCTS to agree an effective national process on the transfer of sheriff and jury cases; and

(b) produce guidance for staff on the transfer of sheriff and jury cases between sheriff courts.

COPFS should:

(a) use the correct form of witness citation in solemn proceedings – as prescribed in the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Witness Citations in Solemn Proceedings) 2023/276;

(b) audit and ensure that local procurator fiscal offices who may issue ‘on-demand’ citations are using the correct form of witness citations; and 

(c) work with the Scottish Government and justice partners to ensure that all witness citations are considered and revised where necessary to ensure that they are trauma-informed and use accessible language.