![DUNDEE UNIVERSITY ''SCHOOL OF LAW QUESTION TIME'' PLATFORM PARTY L/R - GEORGE DONNELLY [VICE DEAN OF THE DUNDEE BAR ASSOCIATION], SHERIFF RICHARD DAVIDSON [DUNDEE SHERIFF COURT], BETTY BOTT [INTERIM DISTRICT PROCURATOR FISCAL,EDINBURGH], PROFESSOR ALAN PAGE [DEAN OF SCHOOL OF LAW], JOHN VINE [CHIEF CONSTABLE, TAYSIDE POLICE] AND CHAIR LORD TURNBALL [SENATOR OF THE COLLEGE OF JUSTICE]. THE EVENT WAS HELD IN THE TOWER BLOCK AT DUNDEE UNIVERSITY.](https://wpcluster.dctdigital.com/thecourier/wp-content/uploads/sites/12/2016/04/image.jpg1_.14341.jpg)
A sheriff in Dundee has strongly criticised Tayside Police and NHS Tayside after discovering courts can no longer ask for a police surgeon to examine someone appearing in front of them.
Sheriff Richard Davidson became concerned about the behaviour of a man appearing before him at a jury trial who kept complaining that he was feeling unwell, forcing repeated adjournments.
Suspecting the accused was feigning illness to delay the day of decision, the sheriff asked for the man to be seen by a police surgeon to see whether his complaints were genuine or not.
After the man was found guilty at the end of the week-long trial, Sheriff Davidson explained the frequent breaks in proceedings to the jury.
He said the court had been forced to have the man taken under police escort to Ninewells Hospital to be medically examined.
“It may come as no great surprise to you that he was found to have absolutely nothing wrong with him,” the sheriff told jurors.
He apologised to the jury for the time that had been wasted by having the man taken to Ninewells, rather than being seen at the court.AgreementThis came about as a consequence of a “protocol” entered into by Tayside Police and NHS Tayside.
In return for the arrangement for nurses to be on duty to ensure the well being of prisoners brought into police custody, police surgeons were no longer available to the court.
“You may think that having nurses on hand is entirely practical and it was highly lauded when it was introduced. What I did not know was that the cost of this service was that medical practitioners would no longer be available to the court.
“You can rest assured that, while the accused was being seen at Ninewells, a senior police officer was standing in front of me explaining exactly how this situation came about.
“You can take it from me that he was left in no doubt about what I think about this protocol and steps will be taken to change it.”
A police spokeswoman said, “Tayside Police has a partnership arrangement with NHS Tayside to provide care for those who are in police custody. The arrangement does not extend to the sheriff courts.
“On occasions where there have been emergencies, custody nurses have attended to provide first aid. The circumstances in this case would not amount to an emergency. A senior officer from the force has been in touch with Sheriff Davidson and they will consider whether opportunities exist to fill the gap in the Scottish Court Service arrangements.”