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 a 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.

Nine spycops snooped on anti-nuclear protests in Scotland

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, (7), 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.

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".

Maggie Chapma...