A Fife sheriff has raised concerns about a “remarkable” number of criminal cases commencing in recent months without the disclosure of vital CCTV evidence.
Kirkcaldy Sheriff Court heard one case due for trial earlier this month had to be adjourned because footage had not been provided in time, despite the alleged act of public indecency happening nearly a year ago.
Sheriff Timothy Niven-Smith told the court, in the past few months, he has seen a “remarkable” number of cases relying on CCTV which have commenced without the Crown having it.
He said there is “clearly an issue with Police Scotland”.
The sheriff said: “My criticism here is where CCTV may be be vital.
“The Crown still don’t have the footage which in my view… might result in the accused saying that’s me or that’s not me.
“We are left in a situation where it (the case) unnecessarily calls numerous times in court where it could be resolved at an early stage.
“It’s clearly an issue of concern in this jurisdiction.”
Delays with CCTV evidence were also highlighted in a case which called at Dunfermline Sheriff Court last week.
Senior procurator fiscal Azrah Yousaf told the court: “There does appear to be a backlog of CCTV which is not coming in due to staff shortages, primarily because people are not coming in due to Covid.”
Police and Crown respond
Assistant Chief Constable, Tim Mairs, said police are working hard with colleagues in the criminal justice system to ensure all evidence required for court, including CCTV footage, is available at the appropriate time to allow cases to proceed promptly.
He said: “While we achieve this in most circumstances, the Covid pandemic has placed significant additional demand on the criminal justice system, including a backlog of cases and an increased requirement for police to provide CCTV for cases that had previously been delayed now going to trial.
“We continue to work with criminal justice partners to address these challenges.
“Where specific concerns are raised by partners we will work with them to resolve those concerns.
“A Digital Evidence Sharing Capability (DESC) project is being progressed to allow all criminal justice agencies to store and share digital evidence securely and quickly”.
A Crown Office spokesperson said: “The Crown Office and Procurator Fiscal Service works with partners across the criminal justice system to ensure cases progress through the prosecution process as efficiently as possible, and will continue to liaise with Police Scotland on operational matters, both in Fife and across Scotland.
“We understand the impact the court process can have on victims of crime and are committed to improving the experiences of victims and witnesses”.
