Figures reveal ‘Institutionally Inept’ Crown Office abandoned 12,035 prosecutions without a court hearing, Police blunders blamed for 2,000 failures

Lord Advocate Frank Mulholland’s superb PF team abandoned 12,035 prosecutions, some because it wasn't in the public interest to prosecute CATCHING CROOKS in Scotland has never been more difficult, according to figures disclosed showing Scotland’s ‘Institutionally inept’ Crown Office & Procurator Fiscal Service (COPFS) with it’s ONE HUNDRED MILLION POUND A YEAR BUDGET has abandoned over TWELVE THOUSAND PROSDECUTIONS in the past year, a massive rise of FORTY PERCENT on the previous year. Among the cases dropped include charges of assault, theft, fraud, drug dealing and the usual collection of cases against persons in more senior positions & professional walks of life who the Crown Office have an unstated policy of refusing to prosecute (such as judges, civil servants, legal professionals etc – Ed)

Scotland’s Police forces also played a major part in the enormous amount of abandoned cases, with failures by Police to file reports on time being blamed on the demise of nearly TWO THOUSAND PROSECUTIONS. although it should be noted there are some of the 2000 cases in which Police Officers contend COPFS were to blame for the delays and not themselves.

The Daily Record reports :

Police blunders result in almost 2000 cases being abandoned in last year

Jul 8 2012 Exclusive by Matt Coyle

POLICE blunders have forced prosecutors to drop nearly 2000 cases in Scotland in the last year.

A total of 1939 cases were abandoned before reaching court because police failed to file reports on time.

The figure is up 40 per cent on the previous 12 months. Cases involved included 169 of assault, 170 of theft, 38 of fraud, 10 of drug-dealing and one involving child pornography.

Labour justice spokesman Lewis Macdonald said: “It is little wonder so many alleged offenders are able to walk away, with cuts to support staff in the police, cuts to the budget of the Crown Office and talk of closing local courts.

“A 40 per cent increase in cases abandoned because of police delays reflects the impact of almost 1000 staff job losses in the last two years. These cuts have to stop.”

In all, 12,035 cases were abandoned without a court hearing in the last 12 months, figures released under the Freedom of Information Act reveal.

Prosecutors dropped 7635 cases after deciding further action was “disproportionate” and “not in the public interest”. They included 10 cases of alleged rape, 51 of police assault, 38 of fraud and 327 of theft.

The Association of Chief Police Officers Scotland said police did their work in time in the vast majority of cases. They said the failures were “highly regrettable”.

Police say delays may happen when they have to analyse drugs or forensic evidence or trace witnesses.

‘Hate Data’ destroyed as Salmond’s SNP fear Independent Scotland viewed as ‘Too Sectarian’ to join predominantly Catholic European Union

Scottish Government fear Sectarian attacks against Catholics and other religious minorities may endanger EU view of independent Scotland. ON Wednesday of this week, whether Church burning anti-catholic Scots and the rest of us want it or not, the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill better known as the Scottish Government’s anti-sectarian legislation aimed at targeting insulting songs at Football matches, will be waved through into law by the SNP’s majority vote in the Scottish Parliament (no doubt after a tumultuous debate) on the pretext of strengthening the powers of the Crown Office & Police to prosecute rising numbers of sectarian attacks against Roman Catholics and other religious minorities in Scotland.

However, it appears the motives for the bill’s violently quick passage are anything but clear, and nothing much to do with tackling crime with some now claiming the badly planned anti-bigot legislation, brought about at the instigation of Police Forces & Prosecutors (who themselves appear to be institutionally sectarian as well as corrupt), and seized on by the SNP as an appropriate pro-independence headliner targeting Unionism is more to do with cleaning up the historically high anti-catholic & anti-religious minority crime statistics to allow First Minister Alex Salmond to advance a particular part of his independence policy, that of joining the predominantly catholic European Union.

Speaking to Scottish Law Reporter over the weekend, a Crown Office insider claimed the real reason the ‘potentially dangerous’ historical statistics on anti-catholic crimes were shredded by Crown Office officials before they could be produced at the Scottish Parliament’s Justice Committee is more to do with the fact the current SNP Scottish Government feared any revelations of the now destroyed statistics could damage Scotland’s chances of being accepted by the EU as a stand alone member if it breaks away from the United Kingdom.

Within the now destroyed data, such was the level of reported anti-catholic crimes, the severity of the crimes, the lack of prosecutions, especially in sectarian complaints made against in some cases, still serving Police Officers & even COPFS staff, and the many questions the historical statistics on sectarian offences may have raised in debates at Holyrood, Scottish Ministers felt revealing the truth could lead to questions being raised in the EU over whether Scots authorities could handle sectarianism and prevent Scots based individuals & groups from spreading their hate message & criminal activity against Catholics & other religious minorities throughout the European Union.

The insider, who claims to have seen the now destroyed data which SLR reported on in an earlier article HERE, commented “If the information on sectarian crimes had been published rather than being destroyed on political orders, there would be no doubt in anyone’s mind the statistics would show Scotland is a dangerous place for Roman Catholics. The fear was if the figures got out, this would affect the SNP’s independence agenda and how the predominantly Catholic EU might view an independent Scotland asking for EU membership.”

The credible claims by insiders come on top of ample evidence to suggest that Police & Prosecutors have their own agenda to bring in the new anti-bigot legislation which will allow them to even-up the sectarian crime statistics by arresting more Catholics to blur the statistics, rather than tackling the root of the historically huge ant-catholic bigotry problem which has been endemic in Scotland for years. Scottish Law Reporter has covered the new bill in previous articles HERE, noting there are even allegations of sectarian jibes among the SNP’s own ranks, some of whom have proclaimed their own support for the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill and for the idea that more Catholics should be arrested to ‘even-up’ the figures.

While debate continues to rage on the anti-bigot legislation and the SNP’s true motives for waving it through the Parliament, some media organisations have privately acknowledged they are being pressurised more than ever NOT TO MENTION or report on crimes where sectarianism is thought to have played a role in what took place.

At least seven murders in the West of Scotland this year, some of young men, others involving family members, all widely reported in the press and on television are thought to have been motivated in some way by anti-catholic hate however as yet not one news report or newspaper article has mentioned the fact Police officers investigating the crimes viewed the possibility each incident had an element of sectarianism to it.

In other shocking incidents, the desecration of Roman Catholic churches in Scotland has continued to rise, with a recent report on STV news regarding an incident of vandalism of St Leonard's RC Church in East Kilbride which was so heavily sanitised, the incident as reported by the media took on a completely different view to the actual details of what is very much a sectarian crime, more accurately reported by Scots composer James MacMillan in the Telegraph, HERE.

Commenting on the sanitised STV report, Mr MacMillan said  : In this report on the vandalisation of St Leonard's RC Church in East Kilbride certain details have been withheld. According to parish sources the vandals removed the statue of Our Lady and placed it on the altar where they covered it in paper and cloth and set it alight. Also, the Tabernacle – one of the most sacred objects in any Catholic Church was covered in graffiti. This was clearly a sectarian attack, motivated by the intense anti-Catholic attitudes which have so disfigured Scotland and continues to do so. The fact that a police spokesman, in full knowledge of the specific details of this assault, then claimed it bore no hallmarks of a sectarian incident, speaks volumes.

The details of the burning of the statue of Mary have since been confirmed through local sources.

Mr MacMillan went onto point out while Catholic Churches are being burned in Scotland and in Northern Ireland, none have been targeted in England, even during the Pope’s visit last year.

Other incidents such as the burning down of an empty priest’s house in High Valleyfield, Fife appear to have suffered from misinformation put out by the Police, who claimed at the time the fire was caused by an electrical fault. Yet the fire which burned down the parish house of St Serf’s Church in High Valleyfield near Dunfermline came immediately after death threats had been sent to priests in the archdiocese of St Andrews and Edinburgh.

Another incident where the Police appear to have misled the public occurred in Leslie Fife, where the local Roman Catholic Church St Mary Mother of God was burned to the ground. The Police immediately briefed the press about ‘music’ lyrics spray-painted on a wall nearby yet suspicions over the true nature of the crime pointed to connections to a major Orange walk taking place that same day in the area.

And in a twist to electronic data gathered by Police Forces across Scotland on many forums & websites which appear to spread online sectarian hate messages & racist abuse, it appears there will now be few if any prosecutions of “threatening communications”, due to the fact IP addresses, emails and other identifying traces left by those spreading sectarian abuse online have been traced back to computer networks used by Police, Prosecutors and even offices of the Scottish Government.

The electronic data gathered from internet providers by the authorities is also rumoured to implicate local Government offices across Scotland, several high profile public bodies, surprisingly, several well known law firms and even some Hospital computer networks.

Store owner with 10 penalty points on license escapes driving ban after Perth Court fines him £300 over 90mph incident

The owner of a Perthshire store who already had 10 penalty points on his driving license escaped a driving ban at Perth Justice of the Peace Court after JP Mrs Eve Forrest fined Mark Birbeck (62) £300 and waived the ban, in connection with an incident in which Police detected Mr Birbeck travelling at 90mph on the M90 between Inverkeithing and Perth on October 6 last year, reports the Daily Record newspaper.

I will sack my staff if you ban me from the road

Jan 19 2011 Gordon Currie

THE multi-millionaire owner of the "Harrods of the north" escaped a driving ban yesterday after threatening to sack staff if he was put off the roads.

Retail tycoon Mark Birkbeck, 62, persuaded a court that a ban would cause him "exceptional hardship" and claimed he was not in a position to hire a chauffeur.

Birkbeck, who employs 240 people at House of Bruar in Perthshire, was allowed to stay on the roads despite now having 14 points on his licence after being caught speeding.

He was already on 10 points when he appeared yesterday at Perth's Justice of the Peace Court. Getting 12 points would usually have resulted in a lengthy ban.

But his lawyer David McKie told the court: "If he is disqualified for six months there will be a large number of redundancies."

Jp Eve Forrest took on board the claimed consequences facing House of Bruar staff, saying: "There are signs of reflected hardship to employees of the business. I will apply four points but will not disqualify you."

But Margaret Dekker, of Scotland's Campaign Against Irresponsible Driving, said: "This is outrageous - this decision by this justice of the peace, and her position generally, needs to be looked at.

"What steps, if any, have the court taken to verify the claims over potential job losses?"

Birkbeck, of Backharn, Grantown-on-Spey, Moray, admitted doing 90mph on the M90 between Inverkeithing and Perth on October 6 last year.

He was driving a £70,000, 3.6-litre Range Rover Vogue at 11.30am when he was detected by police.

Birkbeck claimed no one else in his firm was capable of buying the goods for his upmarket shop on the A9. Mrs Forrest was told Birkbeck lived in a remote house.

Solicitor McKie added: "He does not think he deserves to retain his driving licence."

But despite being told Birkbeck expected a ban, Mrs Forrest fined him £300 and waived a ban.

Scotland’s Eight Police Boards to be audited by Police Complaints Commissioner for Scotland

The Police Complaints Commissioner has announced he intends to audit all of Scotland’s eight Police Boards & authorities with a combined budget of over £1 billion. The police forces in Scotland range in size from Strathclyde Police, which covers 12 individual local authority areas with a combined population of over 2.3 million, through to the Dumfries & Galloway Constabulary, which covers the single council area of Dumfries and Galloway with a resident population of around 146,000.

The membership of Police Boards in Scotland comprises elected councillors from the relevant local authorities. The number of members on each Board varies between police services from as many as 34 members on Strathclyde Police Authority, to 11 members on the Dumfries and Galloway Police, Fire and Rescue Committee.

The Police, Public Order and Criminal Justice (Scotland) Act 2006 places a duty on the Commissioner to secure efficient and effective complaint handling arrangements as well as the practice of relevant authorities in relation to other matters.

Media release from Police Complaints Commissioner for Scotland :

Commissioner to audit “complaints capability” of Scotland’s police boards

22 July 2010: Scotland’s eight police boards and authorities are to be audited by the Police Complaints Commissioner for Scotland.

The Commissioner’s staff are working with board members using a combination of questionnaires and fieldwork to build a complete picture of how police boards are fulfilling their statutory responsibility to oversee how the police deal with and learn from complaints from the public. He is also benchmarking how different boards handle complaints about chief officers and complaints about the boards themselves.

Conveners of the police boards are being asked to provide details of how they hold the Chief Constables to account; the effectiveness of police communications with the local community; and how they select and train the councillors who make up the membership of the police boards.

Speaking about the audit Professor John McNeill said:

“Since I took up office almost a year ago I have stressed that the whole area of how we increase public confidence in the police is a shared agenda. How well we hold the police to account in relation to complaints from the pubic is an important part of that. Ultimately, the findings will feed into a much larger piece of work I am undertaking to reform and modernise Scotland’s police complaints system and how complaints can be used to drive up standards. I am beginning to see signs of an acceptance that meaningful progress can only take place when we move away from blame to a learning culture and this means decoupling complaints from the disciplinary process.”

A final report on the findings will be published by the end of the year.

Law & Order : £1m cost to taxpayer of suspended Police Officers

Reports by the Sunday Herald newspaper reveal that £1million of taxpayers money is being spent on keeping Police officers suspended for various reasons, including criminal charges.

Additionally, reports in the newspaper reveal that two Police officers have been on suspension for four years !

The Sunday Herald reports :

Police under fire as two suspended officers spend four years on full pay

New figures reveal £1m cost to taxpayer in wages for disciplined officers
By Paul Hutcheon, Investigations Editor

SCOTLAND'S POLICE forces are under pressure to reform their disciplinary systems after it emerged that two officers have been suspended on full pay for nearly four years each. Thirty-two officers across Scotland are currently suspended, at a cost to the taxpayer of around £1 million pounds.

They face allegations relating to drug offences, excessive force and "corrupt practices". The figures were handed to the Sunday Herald following a freedom of information (FOI) request to the country's eight police forces.

Each force was asked for the number of suspended officers, the total wage bill racked up during their disciplinary investigation, how long each officer had been off work and the offences they were accused of.

Six officers are currently suspended on full pay in the Grampian force. Four have been off for less than a year. However, another officer has been suspended for two-and-a-half years, while a colleague has been suspended for nearly four years. The total wage bill, according to the organisation, is at least £282,926.

Eleven officers in Strathclyde Police, Scotland's largest force, are suspended on full pay. Four have been away from the front line for less than a year, six for over one year, while an unnamed officer has been off for three years and nine months. Neither Grampian nor Strathclyde would confirm why their officers had been suspended.

In the Lothian and Borders force six officers are currently suspended - the longest being for 15 months. All six are suspected of committing criminal acts, four of whom have been reported to the procurator-fiscal. The wage bill for the six during the disciplinary procedure comes to £165,906.

In Tayside, two officers are suspended on full pay following allegations of drug offences, a breach of data protection and alleged corrupt practices. The force declined to put a figure on the wage bill on the grounds it was "personal data".

Fife Constabulary, however, said that the total cost to the taxpayer of suspending three of its officers was £120,188.95. The force confirmed that each of the three was facing "criminal and or misconduct investigations".

A senior police source, while defending an officer's right to receive full pay while on suspension, said it was "ridiculous" for a case to drag on for four years.

Tory MSP Bill Aitken said: "It is clearly in the best interests of both the individual officers and the taxpayer that these matters are disposed of as quickly as possible. Where the allegations do not concern alleged criminality, these suspensions should be dealt with in days, rather than weeks."

Raymond Pratt, the deputy general secretary of the Scottish Police Federation, said: "Whether an officer is suspended is a matter purely for the deputy chief constable. We believe it should be used in only the most serious cases and for the shortest possible period of time. We cannot comment on particular cases but we are concerned about the adverse effects of lengthy periods of suspension on officers and their families."

Superintendent Iain McGrory, the head of professional standards at Grampian Police, said: "In line with employment law, we cannot comment on individual cases, especially so when criminal proceedings are still active.

"But the decision to suspend a member of the force is given very careful consideration and clearly it is not in anyone's interest for that suspension to last any longer than necessary."

Chief Superintendent John Pollock, at Strathclyde Police, said: "The force is fully committed to ensuring a proper balance between the need to protect the public, protecting individual officers and to provide value for money and sustain confidence in policing.

"Having reviewed our approach to suspension, we have reduced the number of officers currently suspended."

Surveillance Society : UK Police infiltrated protest groups to spy on activists, destaibilise campaigns

In what is not a particularly great surprise to many, it has been revealed that Police forces across the UK, including Scotland, have infiltrated protest groups to gather intelligence on members and their aims.

However rumours are now circulating those same Police forces may have used their insiders to destabilise protests, campaign groups, and discredit organisations in the media …

The Sunday Herald reports :

Revealed: a web of police bids to infiltrate protest groups

Anti-nuclear and other groups back up Plane Stupid claims
By Rob Edwards, Environment Editor

A LONG-RUNNING and intricate web of covert police attempts to spy on peaceful activists and infiltrate legitimate protest movements in Scotland has been uncovered by the Sunday Herald.

Citizens protesting against nuclear bases on the Clyde have been offered cash for intelligence by Ministry of Defence (MoD) police, it has been claimed, while environmental activists report similar offers from Strathclyde Police.

They all back up the revelation made yesterday that Strathclyde Police offered to pay Tilly Gifford, an anti-airport protester with Plane Stupid, to inform on the movement. She recorded two police officers making the proposals.

The veteran anti-nuclear activist, Jane Tallents, from Helensburgh, told last night how she and five others arrested for blockading the Coulport nuclear arms depot on Loch Long were offered money by officers. They were all invited one by one for "cosy chats" with two female MoD police officers, she said.

They were taken from their police cells on September 7, 2005, she said, and asked if they would like to help by supplying information.

"They wanted to know who we were working with and asked if we could come to an arrangement," Tallents said. "It was pretty clear they were offering to give us money. I remember coming out and shouting to a friend that they were offering to pay us. We laughed about it."

Tallents said police spies were an occupational hazard for the anti-nuclear movement, and told how a woman later unmasked as an MoD policewoman had visited the Faslane peace camp. She said police spies used to be easy to spot by their shiny shoes, but even if they looked the part "they are still easy to spot because they can't talk from the heart".

Tallents' account of being offered money in 2005 was supported by another of those arrested at the time, Angie Zelter from north Norfolk.

A spokesman for the MoD police said last night: "We can neither confirm nor deny the specifics of the allegations, but the MoD police have a responsibility for the protection of MoD assets from terrorism and unlawful interference.

"This is a responsibility it takes very seriously and it uses all available legal powers to carry out these duties."

Other activists from Plane Stupid also spoke yesterday of being approached by Strathclyde Police. One, who declined to be named, said he met police officers at a garden centre in January, where he was asked about the group's activities and at the end of the conversation was given £20. "Then they asked me to sign a receipt using a false name," he said.

Another Plane Stupid protester, Kate Mackay, a 20-year-old student at Glasgow School of Art, said she had been left a hand-written letter on Strathclyde Police headed paper asking for a meeting. But when she tried to follow it up she couldn't trace the officer named.

Last night Strathclyde Police Assistant Chief Constable, George Hamilton, defended the police action, saying: "Officers of Strathclyde Police will, from time to time, engage with members of the public and protest groups to gather intelligence which will enable them to discharge that duty effectively.

"This responsibility is discharged in a manner which safeguards the identities of individuals who are prepared to provide such intelligence and is audited and monitored in accordance with the relevant legislation," he added.

"Officers from Strathclyde Police have been in contact with a number of protesters involved with the Plane Stupid protests, including Aberdeen Airport. The purpose of this has been to ensure any future protest activity is carried out within the law."

Opposition politicians called for a full explanation from the justice secretary, Kenny MacAskill. "What action will ministers take to prevent this kind of outrage in the future?" asked Green MSP Patrick Harvie.

A Scottish government spokesman said: "The justice secretary has discussed the matter with Strathclyde Police's assistant chief constable and is satisfied the force has acted proportionately and legitimately."

Law & Order : Police to keep share of seized loot from criminal gangs

With all the money being seized from criminals across the country, it has been decided that Police forces will be allowed to keep ‘a share’ of the seized money under proposals soon to be revealed by Government. (Hope there’s some oversight on all those millions flowing between gangs – Ed)

The Scotsman reports :

Crime does pay as police get to keep money seized from gangs

Published Date: 22 April 2009
By Michael Howie
Home affairs correspondent

POLICE will be allowed to keep a share of the money seized from organised crime gangs under a scheme set to be unveiled within weeks.

The Scotsman has learned that forces will be given a major cash incentive to seize more money and assets from drug dealers and other crime barons.

The move has already been given the green light from justice secretary Kenny Mac-Askill and final discussions are taking place with an announcement unveiling the scheme expected within weeks.

Chief constables in Scotland have been pressing the Scottish Government to introduce the "incentivisation" scheme, which officers say will allow them to plough money back into the fight against organised crime.

In England and Wales, about 20 per cent of seized cash is ploughed back into police budgets. For example, the Metropolitan Police were allowed to keep £4 million in 2007-8 under the Home Office's Asset Recovery Incentivisation Scheme.

But since the introduction of the Proceeds of Crime Act in Scotland in 2003, more than £25 million has gone straight to Holyrood.

Mr MacAskill yesterday told The Scotsman he was "committed to the principle" of a similar incentivisation scheme for police in Scotland.

"I have confirmed that to Acpos (the Association of Chief Police Officers in Scotland). It is just the detail that has to be worked out.

"Officials are working with police representatives to discuss that."

The main issues to be ironed out are the percentage of money and assets seized that will be handed to the police and the rules governing which authority will be entitled to what.

"If a car in transit is stopped by the SCDEA (Scottish Crime and Drug Enforcement Agency) in Dumfries and Galloway, but the drugs are destined for Glasgow, we have to decide who should be allowed to keep the money – the SCDEA, Dumfries and Galloway or Strathclyde," added Mr MacAskill.

He said it would be up to police how they spend the money.

"In the world in which we live, we don't simply want to arrest the drug dealer. We want to get the Rolex watches, the BMW with darkened windows. We want to encourage the police to strip the dealers of all their assets," added Mr MacAskill.

Gordon Meldrum, director general of the SCDEA, said he was "all for" police being allowed to reinvest a share of the proceeds of crime.

"It will allow us to pump-prime the process. We will have the money to invest in the financial investigators and other experts we need to pursue the people behind organised crime. That will enable us to seize more assets and bring in more money."

He said police should be seeking to seize the assets of neighbourhood drug dealers "with the same aggression that the agency goes after criminals".

Senior officers will be keen to ensure the extra revenue raised from the scheme will not be used simply to soften the blow of feared budget cuts in future years, as public spending tightens during the recession.

Since the SNP was elected two years ago, proceeds from crime totalling several million pounds have been used to fund an array of youth projects covering sport, arts and culture under the Scottish Government's CashBack for Communities scheme.

RULED OUT

KENNY MacAskill yesterday confirmed the Scottish Government has no plans to introduce a single national police force.

The justice secretary made the statement during an address at the conference in Peebles of the Scottish Police Federation (SPF), which represents the country's 16,000 rank-and-file officers.

Mr MacAskill told officers there would be no changes to the current eight force structure in Scotland.

He said: "Let me take this opportunity to make it clear that our vision for the future does not involve a single police force."

SPF chairman Norrie Flowers told the conference performance reports suggested no failures in the current system. Their comments follow a recent call for a single police force from Paddy Tomkins, who retired as chief inspector of constabulary last week.

Law & Order : Crown Office should pay for Police time spent at court

The Scottish Police Federation’s Chair, Norrie Flowers, has called for the Crown Office to pay for the time Police Officers spend at court. (A reasonable proposition, considering the Crown Office often waste plenty time themselves – Ed)

The Herald reports :

Call for Crown to pay for ‘wasted’ police time at court

LUCY ADAMS, Chief Reporter April 22 2009

The chair of the Scottish Police Federation (SPF), which represents more than 15,000 rank and file officers, has called for the Crown Office to pay for police time at court to curb the amount of man hours and money currently "wasted".

In his final speech to the federation's annual conference in Peebles, Norrie Flowers, chairman of the SPF, told the Justice Secretary that little has improved in this regard since 1977 and that hundreds of officers are called to court daily only to be told that they are not required.

"Consecutive governments have been either unable or unwilling to address this problem," said Mr Flowers. "To be perfectly blunt, this is communities being denied the services of hundreds of police officers daily without a solution in sight. Although the courts are a major problem, I am sure we can work smarter with the procurator fiscal service fixed penalties do not address this phenomenal waste of effort."

He added: "If the Crown were responsible for paying the costs of officers going to court, then I think this would change."

Prior to recent changes to summary justice and the introduction of fines in the form of fixed penalty notices, a five-month audit at Edinburgh Sheriff Court revealed that only 120 out of 744 police witnesses actually gave evidence - about 16% - wasting an estimated £127,456.

However, in response, Kenny MacAskill, the Justice Secretary, said: "Cases are now being dealt with a month sooner on average. Around 50,000 witnesses were spared the need to be cited between April to December 2008 compared with the same period the previous year."

The chairman also said that any suggestion of cutting police numbers to make savings during the recession needed to be "robustly discredited". Speaking on the economic downturn, Mr Flowers said: "It's not just crime that increases, it's public disorder and anti-social behaviour, too."

Mr MacAskill reiterated that the government has no plans to reduce the country's forces from eight to one and Mr Flowers made clear the federation would be opposed to such a move.

A Crown Office spokesman said: "We continue to work with the police to reduce the amount of time spent by officers unnecessarily at court and the summary justice reforms introduced in March 2008 are already resulting in significant improvements."

Law & Order : Armed Police undercover units deployed to a street near you

In response to the ‘terror threats’ to Scotland, armed undercover Police are now deployed to our streets, along with unmarked cars for firearms operations … (that will definitely kill fly tipping ! – Ed)

The Scotsman reports :

Undercover police to carry guns in response to terror threat

Published Date: 12 April 2009
By David Leask

PLAIN-clothes police carrying concealed guns are being deployed on Scottish streets for the first time in decades in direct response to the increased terror threat, Scotland on Sunday can reveal.

Police marksmen have also been given the green light to use unmarked cars for firearms operations in another move aimed at better protecting the public from the threat of suicide bombers.

Security experts last night welcomed the development, saying it could help avoid potentially fatal confusion and delay in anti-terror operations where plain-clothes surveillance teams track suspects while uniformed firearms officers wait out of sight.

It is believed that under the Scottish plan – dubbed "covert physical detention" – firearms officers in civilian clothing will be able to keep in very close, constant contact with suspects and, in extreme cases, open fire at a time and place that reduces the risk to innocent civilians.

But critics of the new policy complained that it had been introduced without public consultation and warned it could increase the risk to the public and even result in separate firearms units opening fire on each other.

The revelation follows anti-terror raids across the north-west of England last week, in which a dozen men were rounded up.

Scotland on Sunday can reveal that with the assessment of the terror threat north of the border remaining at "severe", Strathclyde's chief constable, Stephen House, and his force executive recently approved the new policy of plain-clothes firearms officers and their use of unmarked cars.

Tactical firearms and armed response units have been in uniform since their creation in the 1980s and, until now, have always travelled in marked police vehicles. Insiders confirmed the new tactic would allow armed officers, disguised as members of the public, to trail dangerous individuals.

Previously unarmed surveillance officers, should they have needed armed support, would have had to wait for uniformed colleagues to arrive. A former senior firearms officer said: "Basically, we are talking about the boys going into civvies."

One source close to UK special forces said: "This is a considerable departure. Plain-clothes armed officers have previously only been used in extreme circumstances where there is a major threat, such as Northern Ireland or the Middle East. Scotland, until two years ago – at Glasgow Airport – had never really had a terrorist incident and this is a sign that things have changed."

Strathclyde, which covers almost half the population of Scotland, yesterday declined to comment on its tactics.

Some police insiders, however, have long argued for plain-clothes armed officers to return. One advocate is Graeme Pearson, the former director of the Scottish Crime and Drugs Enforcement Agency. Pearson, now a professor at Glasgow University's Institute for the Study of Serious Organised Crime, said: "This seems to me to be a safer option for intervention, which will allow officers to have a greater level of control over a situation and, hopefully, allow them to do so without using violence."

Bill Aitken, the Conservatives' justice spokesman, said: "This is unfortunately a sign of the times."

His Labour counterpart, Richard Baker, said: "I think that people will recognise that sometimes the police have to use covert tactics."

The Liberal Democrats' Robert Brown said: "This is a policy issue on which there should be consultations with the police board and government.

"Politicians, who are answerable to the public, should be able to express views on this."

Patrick Harvie, the Green Glasgow MSP, said: "I think, for the sake of police accountability, they should be consulting on changes like this."

Brown and Harvie were backed by John Scott, a lawyer specialising in civil liberties, who said: "It may well be that covert armed officers need to be available. But let's talk about it. Surely this is something for Parliament to debate?"

One security insider warned the use of plain-clothes firearms teams brought new risks. The source stressed that undercover armed officers would have to work extremely carefully to avoid being mistaken for suspects during any operation involving more than one agency.

Last night, Justice Secretary Kenny MacAskill said: "These are clearly operational matters for individual police forces, however we support them in ensuring they have the appropriate levels of security to respond to any potential threat to the public.

"The Glasgow Airport bombing showed that Scotland needs to be ever vigilant, and the police need to be in a position to protect our communities from such incidents."

Confirmation that the force had adopted two separate but related policies, the introduction of unmarked vehicles and the adoption of "covert physical detention", was inadvertently posted on Strathclyde's website last week.

• Yesterday, a judge gave police another week to question 11 of the 12 men seized in Wednesday's terror swoops. The 12th man, an 18-year-old, has been handed over to the UK Border Agency, which will decide whether or not to deport him.

Law & Order : Police to employ civilian investigators to help fight crime

It looks like Scottish Police forces will soon be given the go ahead to employ civilian investigators to assist in the detection of crime across the country. Not all are in favour of such a move, but it looks like the Government is …

The Scotsman reports :

Civilians set to help police fight crime across Scotland

Published Date: 08 April 2009
By michael howie
home affairs correspondent

THE use of civilians to carry out investigations for the police appears set to be extended across Scotland with independent evaluators giving their strong backing to a controversial pilot scheme.

Critics have branded the Priority Crime Unit set up by Central Scotland Police "policing on the cheap" – but The Scotsman has learned it has been given independent backing by a new report which supports its wider use.

The Falkirk-based unit has seen specially-trained civilians gather evidence in 3,500 crimes since it was began work last year.

Tasks carried out by the investigative assistants include reviewing CCTV footage, interviewing witnesses and carrying out door-to-door inquiries.

Senior officers are hopeful that Kevin Smith, the chief constable of Central Scotland Police, will extend the scheme across the whole force. Last year, the force dealt with nearly 20,000 crimes.

Other chief constables, keen to cut costs so more officers can be put on the beat, are closely following the scheme.

The evaluation report, produced by the Scottish Institute for Policing Research, has yet to be published but a draft has been sent to the force.

It highlights a number of benefits including the amount of police time saved by sending investigative assistants to "mop up" all the basic crime investigation at one time.

This geographical approach is more efficient than the traditional method whereby police officers concentrate on a specific crime.

Other benefits are said to include a better service to victims, with investigative assistants able to spend more time listening to their concerns.

And prosecutors who can find it difficult to track down an investigating officer say the scheme gives them a single point of contact.

Acting Chief Superintendent Gavin Buist, from Central Scotland Police, said:

"The implementation of the unit has been positive. What we will be doing now is fine-tuning."

He insisted the past 12 months since the unit was set up have put paid to fears voiced by politicians about letting civilians carry out crime investigation.

"There were two major concerns raised. One was the issue about non-police officers investigating crime," he said.

"We have demonstrated, categorically, that good quality investigation is not the sole preserve of police officers.

"The second was that the public wouldn't want it. That is not an issue. Assistant investigators make it very clear who they are and what they are doing. We've not had a single complaint about not sending a police officer," Mr Buist added.

"People who report crimes want someone who is interested, who cares, who takes time with them. We pressed them and said 'does that have to be a police officer?' The answer was 'no.'"

Justice secretary Kenny MacAskill visited the unit last summer and has given his backing to the scheme.

A Scottish Government spokesman said: "The government is very supportive of initiatives to free up more officers to focus on front-line policing – the new Priority Crime Unit at Central Scotland Police is an excellent example of this."

He added: "The Scottish Government has been pleased to support this initiative financially. We provided £300,000 last year and consideration is currently being given to possible future support, which we are discussing with Central Scotland Police."

MOSTLY MINOR CRIMES ON AGENDA

THE Priority Crime Unit is staffed by eight investigative assistants, who are paid just over £20,000.

They carry out a three-week training course, which teaches them legal issues surrounding evidence and investigative techniques.

Most of the crimes involved are theft and other "dishonesty" offences, and vandalism, but a murder and a sexual assault have seen civilians carrying out police tasks.

Police say working on more serious crimes assists in their "personal development".

But the general rule is that crimes of violence will remain the task solely of police to investigate.

The Scottish Government gave £300,000 to set up the pilot and talks are now taking place over extra funding that will allow the scheme to continue. The initiative has been said to be freeing about 1,200 police hours every month.

Scotland in fear : Police ready 'terror plans' for population centres

Long gone are the days of peaceful living in Scotland, as the necessity for significant steps to secure public safety in the face of terrorism threats take shape, with the latest revelation that Police are compiling ‘terror plans’ for all local communities in Scotland. Prudent move in terms of security it may be, but scary none the less .. (and a sad reflection on our time – Ed)

The Herald reports :

Police compiling terrorism plan for every local community

LUCY ADAMS, Chief Reporter April 01 2009

Police are compiling a detailed terror plan of every local community, identifying individuals, areas and landmarks of particular concern in a bid to achieve greater co-operation from local authorities and health boards.

The Association of Chief Police Officers in Scotland (Acpos) wants to use the local profiles to persuade councils and other bodies to improve security in shopping centres and licensed premises - partly in response to specific intelligence suggesting that al Qaeda is looking to cause "mass casualties".

The move comes as tens of thousands of French, German and British police officers moved into position in cities on both sides of the Rhine and in London ahead of tomorrow's G20 summit involving Barack Obama and other world leaders.

Large cities such as Glasgow may have more than one plan, detailing how many individuals are thought to be a threat, how many buildings need extra protection and what level of emergency measures should be in place.

Senior police hope the profiles will motivate planning departments and other partners to take a more active role in countering the threat of extremism, whether by improving security at city-centre car parks or encouraging social work departments to offer particular individuals more support.

Counter-terrorist specialists will be working alongside others in anticipation of mass protests.

Assistant Chief Constable Allan Burnett, the Acpos co-ordinator for counter-terrorism, said: "We are working on counter-terrorist local profiles which will have a restricted level assessment of, for example, Glasgow, Edinburgh, Dundee, and we will be sharing these with key partners.

"Rather than me just saying to the chief executive of Glasgow, trust me you've got a problem, we will be giving them intelligence and this will help to get people on board.

"We might want them to influence their planning department to ensure they have counter-terrorism built into security of buildings, ensuring the passes are secure and that car parks are safe."

The move comes just a week after the UK Government unveiled Contest 2, its comprehensive counter-terrorism strategy which includes plans to train civic society in how to confront those who "threaten democracy".

Some 60,000 shop, hotel and service-industry staff will be trained to deal with terrorist threats under the scheme. More than 5000 shopkeepers, managers and security staff have already been trained in Scotland.

Mr Burnett added: "If you're saying, please do this without telling people what they've got in their local areas and being all secretive about it', you're going to get a knock-back.

"Partnership is key to it all. There are big data protection issues which everyone would expect us to handle appropriately.

"There might be more than one profile for some cities and we might have one for some whole forces. It is proportionality. It shows the level of detail that is involved."

Acpos has also conducted a review of Schedule 7 of the Terrorism Act, the stop-and-search power used by police at ports and airports, following complaints from black and minority ethnic groups that they felt victimised.

Acpos ran focus groups in Glasgow and Edinburgh to gauge the views of different age groups. A new information leaflet explaining the rights of passengers and police is to be launched this week as a result.

Officers are also now being trained in behavioural assessment - to allow them to make accurate judgments on travellers. Hundreds of people are stopped and searched under the powers at Scottish ports and airports every year.

"We have done a review of Schedule 7 - the power to stop and examine anyone at a port or airport and in the minority ethnic communities this is a big concern," said Mr Burnett.

"We had four focus-group meetings in Edinburgh and Glasgow and did a lot of work on the threat. We've taken steps to ensure the police properly identify themselves and taken steps to clarify what the police powers are under Schedule 7.

"They wanted the police to know about their culture and cultural taboos."

Further calls for debate on single Scottish Police force

The recession might end up forcing Scotland to accept a single Police Force, as Chief Constables ponder their future in the small regional forces (savings on the top brass’ pensions if it comes ? – Ed)

The Herald reports :

Police chiefs urge debate on case for single force in Scotland

Exclusive by LUCY ADAMS, Chief Reporter March 30 2009

Leading chief constables have made unprecedented calls for an immediate debate on whether Scotland should move towards a single national police force.

Stephen House, chief constable of Strathclyde, believes the economic situation and growing challenges from serious and organised crime make it vital to have the discussion about whether Scotland should be policed by eight, three or one force.

His calls to address national threats and review the current position are backed by Kevin Mathieson, chief constable of Tayside, and Allan Burnett, assistant chief constable of Fife.

Their comments, after years of opposition to the idea by the majority of chief constables, come just a week after Paddy Tomkins, Her Majesty's Chief Inspector of Constabulary, called for Scotland's eight forces to be amalgamated into one to remove duplication and save money.

"There is a line of thinking in policing which says if you have strong community policing it doesn't matter what the structures are above that, because the public relate to local cops," said Mr House. "Do they really relate to their chief constable? Politicians might but the public don't.

"How many police forces there are in Scotland isn't something they're particularly worried about. We are all spending public money and ought to be doing that as efficiently as possible. Whether that is through amalgamation or closer working together, that is what I think should be debated."

Earlier this month, The Herald also revealed that Brian Sweeney, chief officer of Strathclyde Fire and Rescue, wants to see a massive restructuring of public sector services and believes reducing the brigades from eight to one would save millions of pounds.

With increasing pressure to make savings, the Association of Chief Police Officers in Scotland is now discussing the thorny issue. Kevin Mathieson, chief constable of Tayside, told The Herald that he is not "wedded" to the current structures and that the debate should focus on improving Scotland's national response to policing.

FOI from LibDems reveal 170 Scottish Police officers have criminal records

A Freedom of Information request by the Liberal Democrats has revealed there are at least 170 Police officers in Scotland with criminal records …

The Scotsman reports :

170 police officers 'have criminal record'

Published Date: 12 March 2009

By Gerri Peev
Political correspondent

AT LEAST 170 serving police officers in Scotland have criminal records and many of them picked up their convictions while on duty, figures reveal.

It also emerged that half the police forces that gave information had not sacked a single officer with a criminal conviction.

Strathclyde Police alone has 107 serving officers who have convictions and has dismissed another ten.

Grampian Police has 34 officers with criminal records, none of whom have been dismissed, while Fife Constabulary employs 11 officers who have committed crimes and kept their jobs.

Lothian and Borders has four police officers with criminal convictions and Tayside has sacked just one out of its seven who have records. Dumfries and Galloway has eight police officers with convictions after axing three.

The figures, revealed by Freedom of Information requests from the Liberal Democrats, highlight how officers with convictions ranging from assault to perverting the course of justice and driving offences are still employed on the front line.

Robert Brown, the Liberal Democrats' justice spokesman in Scotland, said the figures were "staggering".

He has written to Kenny MacAskill, the justice secretary, urging him to release information that two police authorities – Northern Constabulary and Central Scotland – refused to give.

"The public entrust the police with the use of legal force precisely because they are self- disciplined and restrained," he said. "This trust is undermined if serving police officers convicted of a violent offence are seen not to be dealt with strictly.

"Similarly, the public will wonder how a police officer convicted of perverting the course of justice can perform their duty effectively. Prosecutors would be reluctant to call them as a witness for fear of being taken apart by the defence.

"Hiring and firing must ultimately be the decision of the chief constable, but given these revelations the Scottish Government needs to review any guidance it gives to police forces."

A spokesman for the Association of Chief Police Officers in Scotland said it had no specific policy or guidance on previous convictions.

He added: "It is at the discretion of individual chief constables as to how such matters are dealt with, having considered all the attendant circumstances."

£100,000 legal aid for convicted rapist policeman as Legal Aid Board claims procedures found ‘wanting’

Getting legal aid from the Scottish Legal Aid Board is tough enough these days .. but if you are a convicted Police officer who raped two women … the odds seem to be in your favour as over £100,000 has been handed out to Adam Carruthers, a former Inspector with Dumfries & Galloway Police ..

The Scotsman reports :

Rapist policeman's legal fight costs public dear

Published Date: 29 January 2009
By Craig Brown

A RAPIST policeman will face hostile protesters today as he launches a court action to try to have his force pension fully reinstated.

Adam Carruthers, an inspector with the Dumfries and Galloway force until he was jailed in May 2001 for raping two women, had his employers' contributions stripped from his pension while he served his 11-year sentence.

One of his victim claims that if his action is successful, it will make rape a pensionable occupation.

Released in September last year after serving the maximum two-thirds of his jail term, Carruthers immediately took steps to have his full pension reinstated, funded by the public purse through the Scottish Legal Aid Board. He has already received upwards of £100,000 for legal representation relating to his conviction and other claims.

His trial and failed appeal cost £101,395, and he also obtained close to £10,000 while in prison for "advice and assistance" and to raise a number of civil claims, including £2,100 compensation for slopping out.

His action over his reduced pension could cost the taxpayer a further £100,000.

Iraina McGroarty, the manager of the South West Scotland Rape Crisis and Sexual Abuse Centre, said: "This is absolutely appalling. It's certainly not justice, and it gives out the wrong message.

"He preyed on vulnerable women while on duty and in uniform and was a prolific offender. We know Lothian and Borders (Police] had evidence from 38 victims in all. Our centre is into double figures in dealing with women he abused who have come to us."

Jane Dearie, a former special constable who was raped in her home by an on-duty Carruthers in 1996, agreed. She said: "When he raped me, he arrived at my house driving a police car and wearing a police uniform, all paid for by taxpayers.

"If he wins the civil case, not only will that mean the court has decided that rape is a pensionable occupation, it will mean that I, together with his other victims, will be paying my taxes to benefit him all over again. I think all taxpayers will be appalled at funding his action."

It is understood the court will hear arguments about his pension entitlement, but a decision is not expected immediately and there may be further hearings.

Because the case involved its officers, the Dumfries and Galloway force brought in Lothian and Borders Police to investigate, and it identified 38 victims in all, making Carruthers one of the country's worst sex offenders, but the Crown did not to prosecute him for the other cases.

PROFILE

THE Rape Crisis centre that helped care for the victims of Carruthers receives £50,000 central government funding each year, £58,000 from the council and £3,000 from the area health board.

That £111,000 is less than Carruthers' total legal aid bill to date, and had to provide a counselling service for 199 people referred last year.

The South-West Scotland Rape Crisis and Sexual Abuse Centre was set up in 1996 to give emotional and practical support to women and girls in Dumfries and Galloway who have been raped or abused at any time in their lives.

It offers advice on pregnancy tests, sexually transmitted diseases and reporting attacks to police.

Taxpayers fund Police retirements to avoid misconduct charges

Poor old taxpayers seem to have to fund everything these days, from politicians resigning to avoid inquiries or criminal charges, to even Police doing the same …

The Daily Record reports :

Exclusive: Taxpayers foot £500K a year bill for Scots cops who retire to avoid misconduct rap

By Jack Mathieson

TWENTY-SEVEN Scots cops in the last five years have avoided misconduct inquiries by retiring, a Daily Record investigation has revealed.

The officers all kept their pensions and it's believed they are pocketing at least £500,000 a year between them.

The taxpayer helps foot the bill for the police's generous pension scheme.

Angry politicians called yesterday for tougher laws to allow more cops who disgrace the uniform to be stripped of pension rights.

Those calls are backed by grieving families and crime victims who have seen internal police probes into their cases derailed when cops retire early.

Often, disciplinary inquiries are simply halted if the officers involved quit.

The Record used freedom of information law to obtain the retirement figures.

We found that 12 officers from Strathclyde, six from Fife, four from Lothian and Borders, two from Tayside and one each from Central Scotland Police and Northern Constabulary have retired since 2003 while the subject of disciplinary inquiries.

The officers could have faced pay cuts, demotion or the sack if found guilty.

If all the cops involved were constables with 30 years' service, they would be enjoying a combined pension payout of £432,000 a year.

But the true figure is likely to be more than £500,000. Some of them held much higher ranks and were entitled to far bigger pensions.

The most senior Scots officer to quit while under investigation in the last five years was Keith Cullen, the deputy chief constable of Northern Constabulary.

In 2003, Cullen was facing an inquiry into the way his force dealt with complaints about their handling of a young man's death.

But he retired prior to facing disciplinary action and walked away with a pension of around £45,000 a year and a six-figure lump sum.

Cullen was set to be quizzed over the case of Kevin McLeod, 27, whose body was found in Wick Harbour in 1997.

The police said Kevin's death was an accident. His family insisted he was attacked and dumped in the harbour.

An inquiry by an outside force found that Cullen had a case to answer over the way his officers handled the family's complaints. He refused to take part in a Police Board hearing and retired days before it was due to take place.

Kevin's family were outraged by the decision to halt the inquiry. And they were horrified yesterday when the Record told them how many other under-fire officers had followed Cullen's example by retiring.

The dead man's uncle, Allan McLeod, said our figures were "stunning". He called for the system which allows such retirements to be totally overhauled.

Allan, 49, of Alness, Ross-shire, said: "We believe that, should an officer retire or resign prior to disciplinary proceedings, any rights including their pension should be frozen pending the outcome."

The Police Complaints Commissioner for Scotland, Jim Martin, has called for a rethink over whether misconduct cases should be halted when cops retire.

Ministers are looking into how such cases are handled, and Martin said: "I recommend that the Scottish government consider this point as part of its review."

In April this year, the Record revealed that a policeman had been allowed to retire on full pension despite being a convicted sex offender.

Creepy Constable Andrew Burt was found guilty in September last year of groping two women and slapping another on the bottom. His victims included a mother and daughter.

Married Burt, 50, attacked the women in a drunken rampage at Cockenzie and Port Seton Bowling Club in East Lothian.

He was convicted of indecent assault and given 150 hours' community service. The sheriff told him: "If community service did not exist, I would not have the slightest hesitation in sending you to jail."

Police chiefs have the power to strip criminal cops of their pension rights but a probe into Burt's conduct took so long that he retired before it was completed.

An officer with his length of service, 30 years, can expect a pension of £16,000 a year and an £80,000 lump sum.

One of Burt's victims, Lorna Higgins, 45, said yesterday: "I just can't understand why Lothian and Borders Police were unable to take any action against him. To my mind, he should have been sacked the day he was found guilty."

Labour MSP Paul Martin, the party's community safety spokesman, said the Burt case was "completely unacceptable".

He called on justice secretary Kenny MacAskill to speed up moves to stop disgraced cops retiring to avoid being fired.

Martin said the Record's inquiry proved the need for action on the issue of early retirement. He said the public expected the highest standards from the police and added: "If they don't live up to those levels, that should put at risk their access to their pension."

But the body that represents front-line officers, the Scottish Police Federation, pointed out that cops can only be stripped of pensions if found guilty of serious crimes.

General secretary Joe Grant said: "There must be very few professions where internal matters would be deemed so serious that an employee would be prevented from retiring."

Several other cases of police early retirement have made the news in Scotland.

In 2002, Superintendent Paul Hughes retired from Central Scotland Police on health grounds while being probed over claims that he helped "fix" entrance exams for six women recruits.

And in 1998, Grampian cops Gordon Thomson and Alex Nicoll were allowed to retire early with full pension rights on medical grounds after being accused of bringing the force into disrepute.

Thomson, an inspector, and Nicoll, a sergeant, had faced claims that they made "careless" allegations of corruption against the force's head of CID.

No action was taken against the pair after an eight-month investigation.

Talks are now going on to make sure inquiries into police misconduct continue even if accused officers retire.

A Scottish government spokesman said yesterday: "We are considering putting guidelines in place."

The issue will be considered by the Police Advisory Board next month. A spokesman for the Association of Chief Police Officers in Scotland said: "We have made our views known to the board and will engage in further debate in the coming weeks."

Lawyers in a spin over 'routine' bugging claims

The legal profession throughout the UK has descended into frenzy over claims that Police routinely eavesdrop on interviews and meetings between lawyers & clients in Police stations, prisons etc ...

Given the level of surveillance in the UK these days, where just about everything is filmed, recorded, watched at some stage, the revelations do not strike a great surprise among many.

Now the wait is on for some action from the legal profession itself, which surely would be that of a lawyer or group of lawyers taking the Government to court over actual evidence of bugging ...

The Sunday Herald reports :

Top Scottish lawyers: we’re 'all being bugged'

By John Bynorth

Legal professionals say prisons, police stations and mobile phones are all targets for unapproved eavesdropping

SENIOR HUMAN rights lawyers and a leading QC claim that phone tapping of solicitors' legally-protected conversations with clients in jail is commonplace in Scotland.

The legal figures have told the Sunday Herald that police and customs are eavesdropping phone and face-to-face conversations with criminals in prisons and elsewhere, including police stations, on a regular basis UK Justice Secretary Jack Straw has launched an inquiry into allegations that Labour MP Sadiq Khan's conversations with a terrorist suspect who was a constituent were monitored in Woodhill Prison, Bedford.

It was claimed yesterday the practice was widespread and could lead to the release of violent offenders if it was proved that monitoring of conversations had taken place, sanctioned by Westminster ministers.

A whistleblower is alleged to have detailed knowledge'' of the Bedford sting and claimed prisoners, including Soham murderer Ian Huntley, had been targeted along with other terrorist suspects.

Despite a statement from the Justice Ministry that covert listening operations were a matter for the police in line with the Regulation of Investigatory Powers Act 2000, leading QC Gareth Peirce and shadow home secretary David Davis said the fresh allegations merited another inquiry.

Gerry Considine, president of the Glasgow Bar Association, said the Crown Office and the Scottish Drugs Enforcement Agency should give evidence to any such inquiry as he claimed the practice has been taking place for years''.

He said: I am aware of conversations, where I'm sure that I have been bugged, not just by the police, but also Customs and Excise where we are dealing with people accused of major drugs importations."

Leading advocate Paul McBride, QC, said: For a number of years now, many counsel and solicitors dealing with high profile or sensitive cases, have been suspicious that their private consultations in prison are being listened into by others illegally and that their mobile phones are also the subject of eavesdropping.

If this practice is in existence, it should be stopped immediately, as there is a perfectly legal way in which the police can apply to the courts or seek authorisation from the First Minister for phone tapping to take place."

John Scott, a human rights lawyer, said that some solicitors do not meet at certain police stations, including St Leonards in Edinburgh, for fear their conversations can be eavesdropped.

It wouldn't be terribly hard to listen in on the private interview area and many solicitors don't attempt to speak to their clients there," he said. In prisons, you are directed to rooms for meetings with clients and it wouldn't be impossible to bug those.'' Defence lawyer Aamer Anwar said: "I wasn't shocked that criminal lawyers are being bugged and I have been conscious this has been going on for a number of years, particularly in terrorism cases.

"If this happened in the US, there would be uproar, but it seems the UK government doesn't give a damn."

One Scottish-based lawyer was convinced his phone conversations with a client accused of dealing in drugs from Pakistan were being monitored after an English police force called him in for interview and made clear details that could only have come from tapped calls.

Sources close to First Minister Alex Salmond confirmed that he had not authorised phone tapping of criminal lawyers during interviews with their clients.

The Scottish Drugs Enforcement Agency was not available to comment on the issue. Lothian and Borders Police could not comment on the allegations surrounding St Leonards police station.

Crown Office to re-examine death of young man in Moray 1991

The Crown Office has decided to re-examine the death of Neil Riddel in 1991 after concerns were raised by the family

BBC News reports :

Prosecutors to re-examine death

A man's death is to be re-examined by the procurator fiscal, following concerns raised by his family.

Neil Riddel, 19, was found dead near his home in Moray in 1991. A fatal accident inquiry ruled that he had overdosed on anti-depressant tablets.

However, Mr Riddel's family rejected the suicide finding and have continued to appeal for information on his death.

Scotland's Solicitor General Frank Mulholland QC has instructed prosecutors to re-examine the evidence.

The Crown Office said witnesses would be re-interviewed, including family members, who had recently spoken with the solicitor general.

The solicitor general has commissioned this work to ensure that Neil Riddel's family have the assurance that all available evidence in the case has been fully and properly considered
Crown Office spokesman

A Crown Office spokesman said: "In the years since Neil Riddel's death, we have developed and improved how we investigate deaths and in particular how we ensure that families are kept advised and supported through what is a very difficult process for them.

"The solicitor general has commissioned this work to ensure that Neil Riddel's family have the assurance that all available evidence in the case has been fully and properly considered and that they have a clear understanding of how he died and achieve their expressed desire for closure in this difficult matter."

He added that Grampian's procurator fiscal Morag McLaughlin would prepare a report setting out all of the available evidence relating to Mr Riddel's death, "and any conclusions to be drawn from that".

Force assistance

The Crown Office spokesman added that the re-investigation would not examine how the case was handled by Grampian Police.

The force said it would help with the fresh inquiry.

A spokesman said: "Grampian Police recognises the distress that the family has experienced over a number of years in connection with Neil Riddel's death.

"We appreciate the reasons for and acknowledge the area procurator fiscal's re-examination of the evidence in the case, and will provide whatever help is required to facilitate that."

Mr Riddel was found a mile from his home at Aultmore, near Keith, at about 1000 BST on 20 July 1991.

A fatal accident inquiry was held at Elgin Sheriff Court a year later, when the sheriff ruled that death had been caused by a voluntary overdose of Prothiaden.

Borders phone threat cop suspended

A Policeman who sent threatening phone calls to a Football Club manager has been suspended.

BBC News reports :

Phone threat policeman suspended

A policeman in the Scottish Borders has been suspended after admitting sending threatening phone messages to the manager of Peebles Football Club.

Pc Timothy Rees, 41, from Peebles, got Mark Lamb's details from police computers without permission.

He pleaded guilty to two charges at Selkirk Sheriff Court this week and sentence was deferred until next month.

The offences took place between December 2005 and December 2006 at Galashiels Police Station.

A Lothian and Borders Police spokesman confirmed a 41-year-old police officer had pleaded guilty to two offences following an investigation into a complaint made in December 2006.

He added that he was currently suspended from duty.

Court reforms 'cause imbalance' in rights

Last month's reforms in the criminal law system which saw less serious offences being dealt with outside the courts by fiscal fines are being criticised by lawyers as handing too much power to the police & procurator fiscal service.

The Sunday Herald reports :

Justice reforms ‘sideline courts’

By Adam Forrest

Lawyers concerned over fair hearings for accused

THE TIME-HONOURED civil liberties of the court system in Scotland are under threat, lawyers fear, claiming reforms introduced last month have handed too much power to the police and procurator fiscal service.

The changes to criminal law stem from legislation passed last year under the Lib-Lab administration, and are designed to un-clog the courts by allowing swifter sentencing and a tougher approach to bail provision.

Since December 10, many less serious offences are being dealt with outside the courts by fiscal fines, while police now have the power to set the conditions of bail by imposing curfews and exclusion orders before the accused has even appeared in court.

But lawyers say the emphasis on speed is beginning to hamper the interests of a fair hearing, and the Scottish justice system is moving toward a presumption of guilt.

Human rights lawyer John Scott, of the Edinburgh Bar Association, said: "There is concern at decision making of that importance being left in the hands of the police, and things that should be dealt with by the courts are slipping away from judicial oversight. Wherever you grant extra powers, without the proper safeguards, the scope for abuse of those powers is massive.

"These are some of the most radical changes in criminal justice in my lifetime. The justice system is supposed to ensure there is a proper forum for determining the guilt or innocence of the individual. If you scrap accountability then you run the risk of miscarriages of justice."

The latest figures reveal the use of warning letters and fiscal penalties to deal with low-level offences shot up from 72,000 in 2005-06 to 117,000 in 2006-07. Sara Matheson, president of the Glasgow Bar Association, said taking so many cases out of the courts posed long-term risks of re-offending. "Going to court was a disincentive to offending," she said. "Now there is a danger of turning too many cases into paper exercises."

Scott agreed the reforms could not be perceived as part of a get-tough policy, claiming some crime was becoming downgraded. "In Edinburgh recently, there was a case of fraud of several thousand pounds dealt with by a fiscal fine of a few hundred pounds. And there will be more cases like that. You will see assault cases and other serious crimes being dealt with this way because the fiscal decides to take it out of court."

Bill McVicar, convener of the Law Society of Society's criminal law committee, said: "We do appreciate the court system does have problems with the number of cases going through, but we raised the concern that the public might think people were getting off lightly. One of my colleagues described it as justice-lite rather than proper justice."

Yet it is concerns over civil liberties that remain at the forefront of the legal establishment's criticisms. Before the summary justice reforms, penalty notices from the fiscal were an invitation to appear in court if the accused did not respond. Now the accused is assumed to have accepted a fine and criminal conviction unless they explicitly deny the charges.

Glasgow criminal solicitor Gerry Considine said the powers of the Crown Office and procurator fiscal were greater than ever before. "The presumption of innocence has always been one of the cornerstones of our justice system, but now there is a presumption of guilt.

"Decisions in the court have always been based on the interests of justice, but this act has brought in new cost-driven criteria. It's a move from justice to expediency."

Justice minister Kenny MacAskill defended the reforms, citing recent figures showing more than a third of summary cases have taken longer than six months to reach a conclusion. He insisted the need to end delays was compatible with the fairness and independence expected of the judiciary.

"There is simply too much delay and inefficiency at the moment. My vision for a quicker, more efficient and more effective summary justice system is one shared by all sides of the parliament."

Calls to reopen the files on Wick Harbour death

Eleven years on after the death of Kevin McLeod in Wick Harbour, there are growing calls for the case, which had been poorly investigated by Northern Constabulary, to be reopened.

The Guardian reports :

Family want file on son's death reopened

Police apologise for the handling of inquiries into harbour 'accident' as murder fears remain

Sunday January 13, 2008
The Observer

The family of a young man found drowned in a harbour after a night out are demanding a new cold-case investigation, after police were forced to apologise for their handling of the original inquiry.

Almost 11 years after his body was pulled from Wick harbour, the family of Kevin McLeod still believe his death was not as simple as the police would have had them believe.

According to Northern Constabulary, the 24-year-old electrician died as the result of a tragic accident in which he suffered severe abdominal injuries from a fall on to a quayside bollard or a boat, and then toppled into the water and drowned. However, his family are convinced he was murdered - a view shared by at least two independent leading pathologists and a highly experienced retired senior detective.

Last week Hugh and June McLeod received an apology from the board of Northern Constabulary for the way the investigation into their son's death was conducted.

'To get this apology has been an amazing turn-around in attitude,' said Allan McLeod, an uncle of the dead man and spokesman for the family. 'While we welcome and accept this apology, it won't dampen the family's determination to bring Kevin's killers to justice. We want an independent review by an outside force.'

On the morning of Saturday, 8 February 1997, Kevin's body was dragged from the water by police divers. The previous night he had gone to play pool with a friend and was last seen in a nightclub in the town, where he got into an argument with another man.

Before there had even been a postmortem, police told Kevin's parents there was nothing suspicious. However, later examination of the body showed that Kevin had sustained a severe blow to the upper abdomen. Although the cause of death was drowning, pathologists claimed the injury would have killed him even if he had not ended up in the harbour first.

Initially the police theorised Kevin had collided with a bollard on the quayside. Then it was suggested he might have fallen off the quay onto the bow of a fishing boat and rolled into the water.

However, inquiries carried out by private detective Les Brown destroyed that theory. Brown discovered that at the time Kevin entered the water the tide was such that the boats moored alongside the quay would have been level with the harbour wall - ruling out a fall from a great height.

'There is no doubt in my mind that Kevin McLeod was murdered,' said Brown, who has investigated more than 200 murders. 'There are witnesses who saw Kevin being attacked and I have even supplied the police with the name and details of a man whose own girlfriend told me had admitted to the killing. She told me he had come home that night and said: "I have done something I will regret for the rest of my life. I have killed Kevin McLeod." I emailed the Crown Office and named this guy, but the police said he declined to be interviewed.'

However, Northern Constabulary refused to reopen the case and the Crown Office announced that no further investigations were to be carried out - until now.

A damning report by Jim Martin, the Police Complaints Commissioner for Scotland, into how McLeod's death was investigated criticised Northern Constabulary for its 'institutional arrogance' in the way it had handled complaints from Kevin's family. Northern Constabulary chief constable Ian Latimer and the police board were forced to apologise publicly and consider reopening the investigation.

'The force has issued an apology to the family for the way their complaints were handled,' said a police spokesman. 'The chief constable met with the family and they had a very positive meeting about the possibility of a cold-case review for Kevin McLeod.

'We don't know at this stage what is going to happen. We will have to wait and see.'