Police officers summoned to court to 'give evidence against dead accused'

Three police officers were summoned to court to give evidence against someone who had died, prompting claims from the body which represents rank-and-file officers that Scotland’s criminal justice system is “broken”.

The Scottish Police Federation (SPF) highlighted the case, which was called at Edinburgh Sheriff Court, to draw attention to the disruption it says is caused when unnecessary citations are sent out by the Crown Office and Procurator Fiscal Service (COPFS).

In another incident reported in 1919 magazine, an officer who was on maternity leave with a 12-week-old baby was given a last-minute citation due to a colleague, who was on holiday, being excused.

One SPF representative claimed that out of 750 officers in the north area cited for trial since January this year, only 26 actually gave evidence, while one officer was cited 17 times in a month.

The organisation believes the issues at fault include not being countermanded when a trial is no longer going ahead, cases resolving on the day and not being notified if an accused person has died.

David Threadgold, chair of the SPF, told 1919 magazine: “Through an operational policing lens, the criminal justice system is broken.

“Police officers understand that attending court is a core part of their business – the consequences for failing can affect their liberty – but their duty to react to the requirements, and the perceived whims of the COPFS, do have an impact, and that is being felt across areas of the service far beyond simply attending court.

“The COPFS is understaffed, overworked, inefficient in its administration, it communicates badly with partners and makes decisions which adversely impact on police officers and their families without the slightest thought for the consequences.”

A COPFS spokesperson said: “Police witnesses provide vital evidence during court proceedings and significant effort is made to respect their time.

“COPFS appreciates that unnecessary citations are a source of personal frustration for officers and a waste of resources.

“Operating an effective court programme is a challenge for the whole criminal justice system. We work with justice sector partners, including Police Scotland, to arrange court business but there are occasional mistakes in citing witnesses.

“Processes are being reviewed and developed to improve our communication regarding witness citations and countermands and COPFS is working closely with justice partners to ensure the continued delivery of criminal business through the courts.”

Assistant Chief Constable Wendy Middleton, of Police Scotland, said the force is “committed to working with partners to change policy and practice around how we manage and progress cases through court”.

She said: “Police officers currently spend considerable time on court business and can have shifts, leave and rest days disrupted by requests for attendance.

“This is not only costly by removing officers from their local policing areas, but it can have an impact on wellbeing too.

“Police Scotland’s criminal justice improvement group has been set up to alleviate these pressures by looking at direct measures, the development and delivery of summary case management, redeveloping the standard prosecution reports and more efficient ways of court date scheduling.

“Whilst there is, of course, more to be done and system wide reform is overdue, Police Scotland will continue to drive improvements in this area.”

Justice and social affairs magazine 1919 magazine is funded by the Scottish Police Federation.