Edinburgh police: Officers called to court to give evidence - but accused had died

The Scottish Police Federation (SPF), which represents rank-and-file officers, said the case was more evidence that Scotland’s criminal justice system was “broken”. And prosecutors admitted that unnecessary citations for people to appear at courts were a “waste of resources”.

Three police officers were summoned to Edinburgh Sheriff Court in June to give evidence in a case and it was only once they were at the court that it emerged the person facing trial had actually died.

Police officers were called to give evidence at Edinburgh Sheriff Court - only to discover the accused had died | Google Maps

The blunder is revealed in the latest issue of justice and social affairs magazine 1919, which highlights the scale of the disruption caused by the amount of time officers have to spend attending courts, often needlessly

In another case, an officer on maternity leave with a 12-week-old baby was given a last-minute citation due to the fact a colleague was on holiday and had been excused.

And an SPF rep told 1919 that out of 750 officers in the north area cited for trial since January, only 26 actually gave evidence, while one officer had been cited 17 times in a month.

SPF chair David Threadgold said: “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 Crown Office and Procurator Fiscal Service (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.”

The federation said the biggest issues included officers not being told when a trial is no longer going ahead; cases resolving on the day; being cited for multiple trials on the same day, sometimes in different courts; and not being notified if an accused has subsequently died.

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.”

Police Scotland said detailed work was being carried out to make the system more efficient, including a summary case management pilot which had seen a 34 per cent reduction in officer citations.

Assistant Chief Constable Wendy Middleton said: "We are committed to working with partners to change policy and practice around how we manage and progress cases through court.

“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.”

1919 magazine quoted Police Scotland Chief Constable Jo Farrell saying the justice system in Scotland was “very inefficient” compared to the Crown Prosecution Service (CPS) south of the border. .

Speaking earlier this year, she said: “We spent £3 million on overtime and I would estimate a third of those officers were on rest days or annual leave. When they call to court, and this is a conservative estimate, only 15 per cent of them will give evidence and then they’ll be called again and again.”