Date lodged: 10 February 2017
To ask the Scottish Government what its position is on it being considered not in the public interest to prosecute motorists who are involved in accidents with cyclists that do not lead to injury.
Answered by: James Wolffe QC 7 March 2017
Police Scotland will consider in the first instance whether there is sufficient evidence that the accident amounted to a criminal offence, such as careless or dangerous driving, requiring a report to the Crown Office & Prosecution Service (COPFS).
COPFS is Scotland’s independent public prosecution service. If a criminal offence is reported to COPFS by Police Scotland, then the particular facts and circumstances of the case will be considered carefully by prosecutors. Prosecutors will decide firstly, whether there is a sufficiency of evidence. Prosecutors will then decide whether it is in the public interest to prosecute. Each case will be considered on its own particular circumstances.