ORGANISATIONS in Scotland using obscure powers to investigate the general public reported nearly 40,000 alleged crimes to prosecutors in the last four years, The Ferret can reveal.
The SSPCA, NHS Scotland, and the Food Standards Agency are among at least 54 so-called “specialist reporting agencies” (SRAs) given powers to investigate criminal activity. SRAs came to prominence after the Post Office used its powers to investigate, wrongly charge and privately prosecute hundreds of innocent people in what is known as the Horizon scandal.
In Scotland, these powerful agencies undertake investigations and send reports to the Crown Office and Procurator Fiscal Service (COPFS), independently of Police Scotland. Some can obtain warrants, seize evidence, search premises, interview, caution and charge people. They can also spy on people.
The Ferret investigated the hidden powers of specialist reporting agencies as part of our Who Runs Scotland series, which examines those who wield power in our country behind the scenes.
In Scotland, investigatory powers are bestowed upon organisations through legislation and powers vary – but the Crown Office is the only public prosecution service in Scotland.
In a Freedom of Information request, we asked the Crown Office how these low-profile but significant powers had been used in Scotland. It revealed that since 2020, SRAs have investigated serious crimes including murders, drugs supply, fraud, assault, rape, hate crimes, child pornography and the possession of weapons.
In total, these agencies made 37,233 reports between 2020 and 2024. The Crown Office records the number of charges reported, not cases, and a reported case may hold multiple charges.
Politicians said there must be proper oversight of SRA prosecutions to ensure nothing like the Horizon scandal ever happens again. Last year the Post Office was stripped of its status as an SRA and can no longer file reports to the Crown Office. It can conduct preliminary investigations into suspected criminal conduct and refer cases to police.
The National Federation of SubPostmasters said the system in Scotland did not prevent miscarriages of justice over Horizon.
In reply, the Crown Office said that new guidance for reporting agencies will be issued this year.
Scotland’s Specialist Reporting Agencies
SRAs include – among dozens of others – River Tweed Commissioners, NHS Scotland Counter Fraud Services, Loch Lomond and Trossachs National Park, the Office of Rail Regulation, and the Registrar of Companies.
These agencies can send reports to the Crown Office but the Procurator Fiscal decides whether to instigate proceedings and what formal charges should be. Prosecutors can request additional information but they can also reject the reports if they do not think there is a legal case to answer.
SRA powers vary. HM Revenue & Customs (HMRC), for example, can obtain search warrants and make arrests and it can recover criminal assets through the Proceeds of Crime Act 2002. HMRC filed 133 reports to the COPFS over the four-year period including 35 alleged tax frauds.
Frauds were also the focus of investigations by local authorities (594), the Child Support Agency, (seven), and immigration enforcement (90). The Health and Safety Executive investigated four murders/culpable homicides, which the Crown Office said were related to deaths in a working environment.
The Maritime and Coastguard Agency reported 14 alleged environmental offences. British Transport Police – which polices the railway network of England, Scotland and Wales – investigated 94 serious assaults/attempted murders, 71 sexual assaults, and two rapes.
The Ferret sent FOI requests to several SRAs requesting details of their powers and recent investigations.
National Services Scotland (NSS) – a public body – revealed it has a unit called NHS Scotland Counter Fraud Services which filed 57 reports. It investigates bribery, corruption, fraud, embezzlement and cases of theft involving NHS funds or property.
NSS said: “All Counter Fraud Services’ investigations are undertaken by appropriately trained counter fraud specialists. These staff are employees of National Services Scotland.”
The Scottish Society for the Prevention of Cruelty to Animals (SSPCA) made 1112 reports including 1043 relating to wildlife offences, and 25 about “threatening and abusive behaviour”. Some of its investigations resulted in criminal convictions.
Last June, Sean Garland, from Dufftown, was given 200 hours community service for keeping three dogs for fighting and failing to obtain veterinary treatment for facial injuries, causing unnecessary suffering to Patterdale terriers.
In March 2024, as part of the Wildlife Management and Muirburn (Scotland) Act, the SSPCA was given additional investigative powers to tackle wildlife crime. “These powers allow our inspectors, who are already investigating animal welfare offences, to search, examine, and seize evidence,” it told The Ferret.
The Security Industry Authority (SIA) – an organisation regulating the private security industry whose powers are set out in section 19 of the Private Security Industry Act 2001 (PSIA) – filed 46 reports to prosecutors. Its criminal investigations department can investigate issues such as working without a valid licence, breaches of licence conditions, and the deployment of “unlicensed security operatives”.
Loch Lomond and The Trossachs National Park has investigated violations of local byelaws and environmental legislation. Investigations are undertaken by its ranger service but the park’s “enforcement management group” decides whether to file a report to the Crown Office. The park’s powers derive from the National Parks (Scotland) Act 2000, and the Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002. It reported two incidents over the period and both concerned the use of jet-skis on Loch Lomond.
The Civil Aviation Authority said the four cases it reported to the Crown Office were alleged offences under the Air Navigation Act, including one which endangered the safety of an aircraft. The Registrar of Companies, which publishes information on UK firms, reported 514 incidents to the Crown Office including 189 alleged frauds.
‘Under-scrutinised’
SCOTTISH LibDem deputy leader Wendy Chamberlain MP said the Scottish Government must check whether the powers afforded to SRAs are being deployed “effectively and correctly”.
She added: “An under-scrutinised quirk of prosecution policy in England led to a series of decisions that ruined the lines of many sub-postmasters. Meanwhile, the Crown Office in Scotland made many of the same mistakes. The inner workings of our justice system must be carefully monitored to ensure nothing similar can happen again.”
Maggie Chapman MSP (below), Scottish Greens justice spokesperson, described the Horizon scandal as “one of the biggest miscarriages of justice in modern UK legal history”, adding that the conduct of the Post Office has been “shocking from start to finish”.
As a result, she said, there must be proper oversight of SRA prosecutions, and that “where powers are abused, there must be real consequences, with individuals being held accountable for their actions”.
Calum Greenhow, of the National Federation of SubPostmasters, said: “The number of Scottish cases of victims of the Horizon scandal is proportional to the number of overall cases across the UK. Therefore, the way matters in Scotland are dealt with does not appear to have provided a level of protection that it should have.”
A spokesperson for the Crown Office said that as an “independent and impartial prosecution service” it is determined to ensure that all miscarriages of justice resulting from “unreliable Horizon evidence” are overturned.
“The relationship between a prosecution authority and an investigating agency must be based on absolute candour and trust,” they added. “Like all specialist reporting agencies, Post Office Limited had a legal duty of revelation and was required to make COPFS aware of the issues with its Horizon system. We now know it failed to do this.”
COPFS added it will publish updated guidance for SRAs this year.
The Post Office Horizon scandal
MORE than 900 sub-postmasters were wrongly prosecuted for stealing because of incorrect information from a computer system called Horizon, which was built for the Post Office by Fujitsu and rolled out from 1999. It was intended to standardise accounting practices for UK post offices but there was an immediate increase in the number of unexplained accounting shortfalls after it was enacted.
The faulty system made it look like money was missing from branch accounts but rather than investigate claims Horizon was faulty, the Post Office accused people of theft and fraud.
Former sub-postmasters and sub-postmistresses say the scandal ruined their lives. Many faced bankruptcy or lost their livelihoods. Marriages broke down, and some families believe the stress led to serious health conditions, addiction and even premature death.
The Post Office, owned by the UK Government, led prosecutions itself in England. In Scotland, the Post Office acted as a SRA and referred cases to COPFS to prosecute on its behalf. In May 2024, the Post Office was stripped of its status as a SRA and can no longer file reports to the COPFS. Its Post Office Investigations Services has been replaced by an Assurance & Complex Investigations Team which was established in 2022. It can conduct preliminary investigations into suspected criminal conduct and refer cases to police.
Last June, the Post Office (Horizon System) Offences (Scotland) Act, came into force, effectively overturning all convictions that relied on evidence from the Horizon system. The Scottish Government identified 141 potential cases after the Post Office (Horizon System) Offences (Scotland) Bill became law. A total of 97 cases were assessed as being affected by Horizon. By February 2025, 64 sub-postmasters had their convictions quashed, while 11 cases are still being assessed. 22 have been upheld.
Earlier this month, a new support group – Scottish Postmasters for Justice and Redress Group – was launched at the Scottish Parliament to try and speed up compensation payments for Scots victims of the scandal.
A Post Office spokesperson said it is “working hard to rebuild trust” with postmasters.
“We have taken important steps to improve our policies and culture and if there are allegations of wrongdoing, the business acts fairly and in line with proper internal and external processes. In cases of suspected criminal activity, the Post Office now refers evidence to Police Scotland,” they added.
