This page explains COPFS’s role in investigating criminal allegations about police officers who were on duty at the time of the incident, and what people can expect after a report is made.
Criminal Allegations Against the Police Division (CAAPD)
CAAPD, the Criminal Allegations Against the Police Division, is a specialist team made up of experienced lawyers and case preparers who ensure criminal allegations against on-duty police officers in Scotland are investigated fairly, independently, consistently and thoroughly.
How we investigate
If it can reasonably be inferred that a constable may have committed a criminal offence whilst on duty, then a report will be submitted to CAAPD for consideration and investigation.
Generally, initial investigations are conducted by Police Scotland’s Professional Standards Department (PSD), another police force, or the Police Investigations and Review Commissioner (PIRC). COPFS remains responsible for oversight and decision-making.
Communication and collaboration
We know the process can be difficult, and we aim to communicate clearly about what is happening in the case.
If your report is taken forward, we will always give you the chance to take part in the process. You might be asked for more information or given the opportunity to review your statement.
How long will it take
We try to complete investigations as promptly as we can because we understand everyone involved is keen to know the outcome.
We try wherever possible to communicate a decision within 6 months of receiving the report. That won’t always be possible, but we will keep you updated on progress throughout.
How we reach decisions
We consider all the evidence which has been gathered and instruct further investigations when needed. We will then decide if there is sufficient evidence of a criminal offence.
If there is, we will report the case to Crown Counsel (experienced prosecutors, sometimes called Advocate Deputes who deal with the most serious cases) who then decide if there is sufficient credible, reliable and admissible evidence, and if proceedings are in the public interest, before deciding whether or not to bring a criminal case against the police officer.
How to make a criminal allegation against a police officer
You can visit our webpage for information on how to make a criminal allegation against a police officer