To ask the Scottish Executive why witnesses who have been cited formally as witnesses to attend court and are subsequently told not to attend court are told not to attend verbally by a third party and without confirmation in writing by the court.
When a witness who has been formally cited by the Crown to attend Court is no longer required, the Crown Office and Procurator Fiscal Service (COPFS) uses a variety of methods to notify the witness depending on the circumstances of the case and the individual needs of the witness.
In the case of civilian witnesses cited for Summary and Sheriff and Jury Trials, COPFS aims to countermand the citation by post, subject to the following exceptions:
(a) Where there are less than three clear working days between the date of countermanding and the date of trial.
(b) Where the witness is a child witness or a vulnerable adult witness.
In Summary and Sheriff and Jury cases, where there are less than three clear working days between the date of countermanding and the date of trial or the witness is a child witness or a vulnerable adult witness, witnesses are notified verbally, by telephone or in person by COPFS staff or by the police on the instruction of the Procurator Fiscal. The police use a variety of ways of passing on this information to the witness and may do this by telephone or by attending at the home or business address of the witness to notify them in person.
Postal countermands are not used for High Court cases. Witnesses cited by the Crown in High Court cases are either countermanded verbally, either by telephone or in person by COPFS staff or by the police using the methods outlined above.
If a witness is no longer required to attend at court and is being informed of this verbally, it will always be by an employee of COPFS or the relevant police force, acting on the instruction of the Procurator Fiscal.
Arrangements for cancelling or countermanding witnesses cited by the defence or by parties in civil cases are entirely a matter for them.