Status of all recommendations

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.

COPFS should ensure that correspondence included with the witness citation in sheriff and jury cases makes clear how many days the witness may need to be available to attend court.

COPFS should review how citations are issued to witnesses who do not use English as a first language when they have been notified of this by Police Scotland.

COPFS should review how child witness citations issued for personal service are prepared, to ensure that police officers are aware that they are serving a citation on a child and allow compliance with the relevant Lord Advocate’s Guidelines.

COPFS should develop a process to ensure that autocite is not applied for witnesses whose evidence has concluded in summary trials that are part-heard.

COPFS should investigate why sheriff court citations are issued for personal service other than in accordance with business rules and ensure that remedial action is taken where necessary.