To ask the Scottish Government, in light of the HMICS and HM Inspectorate of Prosecution in Scotland report, Citing witnesses in the sheriff court, which found that email citation has been a competent method of citation since 2007, what assessment it has made of barriers to its routine use for civilian witnesses.
COPFS is committed to working with justice partners in exploring opportunities to improve witness citation arrangements, making use of technology in doing so, while ensuring the effectiveness and reliability required of the criminal justice process. While email has been a competent method of citation since 2007, its application raises practical, technological and legal considerations, including how receipt by the intended individual can be reliably established in order for effective enforcement action to be taken in the event of failures to attend court in response to citation and data protection considerations.
Email is not the only potential solution, nor would it be appropriate in every case. Consideration is extending to the opportunities that a wider range of digital solutions may offer. The approach taken must account for the needs and preferences of those receiving citations, the potential for greater choice, the operational and delivery implications of any future approach and, as recognised in the joint inspection, the need for witness citation processes to be trauma informed and use accessible language.