The Crown Office and Procurator Fiscal Service is the independent public prosecution service for

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...

, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the

Scottish legal system Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland ...

is responsible for prosecution, along with the area procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by

the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...

. Private prosecutions are extremely rare. The Service's responsibilities extend to the whole of Scotland, and include: * Investigation and prosecution of criminal offences * Investigation of sudden or suspicious deaths * The investigation and prosecution of criminal conduct by the police * Assessment and possession of bona vacantia * Assessment and possession of treasure trove The Lord Advocate is assisted by the

Solicitor General for Scotland , body = , insignia = Crest of the Kingdom of Scotland.svg , insigniasize = 110px , image = File:Official Portrait of Ruth Charteris QC.png , incumbent = Ruth Charteris KC , incumbentsince = 22 June 2021 , department = Crown Office and ...

, both Law Officers. The day-to-day running of the Service is done by the Crown Agent & Chief Executive and an executive board who are based in the service headquarters at Crown Office in Chambers Street, Edinburgh. The Service employs both

civil servants The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...

who carry out administrative and other duties and

solicitors A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...

and advocates who represent the Crown in Court.

History

The history of the Lord Advocate, and the resulting department of the Crown Office, is somewhat obscure. There are references on record to a king's procurator-fiscal in 1434 and 1457, and a queen's advocate in 1462. An office of king's advocate dates from 1478 but between 1478 and 1494 there are references to "advocates" (unnamed) and it is only from 1494 that one can be sure that there was a single king's advocate as the normal representative of the king in treason trials and in civil litigation. The office thus dates back to

Medieval In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the Post-classical, post-classical period of World history (field), global history. It began with t ...

times, with the earliest Lord Advocate being

John Ross of Montgrenan John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second E ...

whom the King appointed as his commissioner at a hearing in Stirling in 1476, then as procurator for another case in

Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...

in the following year. The history of the procurator fiscal is similarly difficult to set down with exactness, though the role has developed significantly over time. The first document reference appears in the Records of the Parliament of Scotland for 22 August 1584, naming several procurators fiscal in Edinburgh. The fiscal was an officer appointed by, and accountable to, the

Sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

, who by the 18th Century was responsible for most prosecutions in local areas. By the nineteenth century advocates depute were first appointed, to assist him in conducting cases in the High Court of Justiciary and the Crown Office was first established. This became the centre of the prosecution system, and it was to the Lord Advocate now to whom the procurators fiscal were responsible, evidenced by the "Book of Regulations" issued by him to procurators fiscal providing instructions about how to conduct their business. The Book of Regulations is still used today in providing the framework for local prosecution in Scotland.

Prosecutors

Lord Advocate and Solicitor General for Scotland

As well as departmental management responsibility, the Lord Advocate is directly responsible for prosecuting the most serious crimes, in the High Court of Justiciary at first instance and the Court of Criminal Appeal. Unless the cases are of especial importance, such as the

Lockerbie trial The Pan Am Flight 103 bombing trial began on 3 May 2000, 11 years, 4 months and 13 days after the destruction of Pan Am Flight 103 on 21 December 1988. The 36-week bench trial took place at a specially convened Scottish Court in the Netherlands set ...

held at Camp Zeist in the

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, the prosecutions are normally (but not always) led by

Advocates Depute An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...

who are known collectively as Crown Counsel and are experienced members of the Faculty of Advocates normally appointed for a limited period of three years. Their decision to prosecute in this way is taken in the light of the Procurator Fiscal's recommendations and a report prepared by the police, and any such reports are subject to the direction of the Lord Advocate. This prosecutorial role can not be removed from her by the

Scottish Parliament The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...

. The Lord Advocate is the senior of the two Scottish Law Officers, and is the chief legal adviser to the Scottish Government as well as representing its ministers in civil proceedings. He is also responsible under the Scotland Act 1998 for ensuring that each

Act of the Scottish Parliament An Act of the Scottish Parliament ( gd, Achd Pàrlamaid na h-Alba) is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successfu ...

is within the competence of that Parliament. Additionally, the Lord Advocate, along with the

are ''ex-officio'' entitled to participate (but not vote) in proceedings of the Scottish Parliament to the extent permitted by standing orders. The Solicitor General can act as the deputy for the Lord Advocate. The Lord Advocate and Solicitor General are one of the Great Officers of State in Scotland, and the Lord Advocate is one of the Scottish Ministers, though since 23 May 2007 the Lord Advocate has not attended the cabinet of the Scottish Government. The position of Lord Advocate has been the subject of controversy, most notably sparked by Scottish High Court judges, wanting the ministerial and prosecutorial role to be separated.

Crown Agent, King's and Lord Treasurer's Remembrancer and Chief Executive

The Crown Agent is the principal legal adviser to the Lord Advocate on prosecution matters. He also acts as Chief Executive for the Department. He acts as solicitor in all legal proceedings in which the Lord Advocate appears as representing his or her own department. He issues general instructions from and on behalf of the Lord Advocate for the guidance of Crown counsel, procurators fiscal, sheriff clerks and other public officials, transmits instructions from Crown counsel to procurators fiscal about prosecutions, and, subject to the direction of the

Principal Clerk of Justiciary The Principal Clerk of Session and Justiciary is the clerk of court responsible for the administration of the Supreme Courts of Scotland and their associated staff. The Keeper of the Signet grants a commission to the Principal Clerk of Session ...

, arranges sittings of the High Court of Justiciary. At trials in the High Court in Edinburgh, he attends as instructing solicitor. The Crown Agent also holds the office of King's and Lord Treasurer's Remembrancer, and all property that falls to the Crown as a result of bona vacantia in Scotland is his responsibility, as is treasure trove. The post of KLTR was created in 1837 by the amalgamation of two existing posts created in 1707 – the King's/Queen's Remembrancer and the Lord Treasurer's Remembrancer, and has been held since 1981 by the holder of the office of Crown Agent.

Advocates depute

At the High Court of Justiciary prosecutions are brought by the Crown Office, who are represented in Court by Advocates Depute. Advocates Depute are either advocates or solicitor-advocates to whom rights of audience in the High Court have been given by that Court.

Procurators fiscal

For the majority of crimes in Scotland a procurator fiscal or fiscal depute presents the case for the prosecution in the sheriff court and justice of the peace courts, and the case for the defence is presented either by the accused's own solicitor or by one from the

Public Defence Solicitors' Office In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichkei ...

, a part of the

Scottish Legal Aid Board The Scottish Legal Aid Board (SLAB) is an executive non-departmental public body of the Scottish Government, responsible for managing legal aid. It was established in April 1987, under the Legal Aid (Scotland) Act 1986, taking over functions ...

. Procurators fiscal make preliminary investigations into criminal cases, take written statements from witnesses (known as precognition) and are responsible for the investigation and prosecution of crime. This includes the power to direct the police in their investigation, but except for serious crimes such as murder the police normally complete their enquiries before involving the procurator fiscal. Once someone has been charged with an offence and remanded in custody,

must bring the case to trial within 110 days or the accused will be admitted to bail. Otherwise, in serious cases (known as

solemn procedure Solemn proceedings is the term used in Scotland for serious criminal cases prosecuted on indictment before a judge and jury. These are distinct from summary proceedings before a sheriff or justice of the peace sitting without a jury. See also ...

with a jury as opposed to summary procedure without) the trial must commence within 12 months of the date of first appearance in court. Procurators fiscal work in the local

sheriffdom A sheriffdom is a judicial district in Scotland, led by a sheriff principal. Since 1 January 1975, there have been six sheriffdoms. Each sheriffdom is divided into a series of sheriff court districts, and each sheriff court is presided over by a ...

and most of the fiscal offices in Scotland are either in or near the sheriff court. The procurator fiscal is also responsible for the investigation of all sudden, suspicious and unexplained deaths in Scotland. This includes the decision to call a

fatal accident inquiry A fatal accident inquiry is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland. Until 2009, they did not apply to any deaths occurring in other jurisdictions, when the Coroners an ...

. He or she is also responsible for the independent investigation of criminal police complaints made in that sherrifdom (administrative complaints are handled by the

Police Investigations and Review Commissioner The Police Investigations and Review Commissioner (PIRC) is the executive non-departmental public body of the Scottish Government responsible for investigating complaints by members of the public against Police Scotland; and the Scottish opera ...

(PIRC)).

Prosecution of crimes

The law in Scotland does not say that a crime must be prosecuted and the procurators fiscals have considerable discretion over what action to take. They can choose the level at which to prosecute (either through solemn or summary procedure) with the

accused Accused or The Accused may refer to: * A person suspected with committing a crime or offence; see Criminal charge ** Suspect, a known person suspected of committing a crime * The Accüsed, a 1980s Seattle crossover thrash band *''The Accused'', a ...

having no right to choose a

jury trial A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. ...

or for a victim to decide whether or not to press charges, as the decision on whether to try and by which method belongs to the prosecutor as "Master of the Instance".p. 46 Until 1987, however, their discretion only extended to the degree to which they should prosecute, if at all; there were no alternatives to prosecution. The Criminal Justice (Scotland) Act 1987 gave procurators fiscal the power to offer fixed penalties instead of prosecution (a

fiscal fine A fiscal fine (formally a fixed penalty conditional offer) is a form of deferred prosecution agreement in Scotland issued by a procurator fiscal for certain summary offences as an alternative to prosecution. Alternatives to prosecution are call ...

), at the time limited to a maximum of £25 and subsequently increased to £300. Since then these options have expanded to giving a warning, fiscal fines, compensation orders,

work order Work may refer to: * Work (human activity), intentional activity people perform to support themselves, others, or the community ** Manual labour, physical work done by humans ** House work, housework, or homemaking ** Working animal, an animal tr ...

s, road traffic fixed penalties or diversion from prosecution into

social work Social work is an academic discipline and practice-based profession concerned with meeting the basic needs of individuals, families, groups, communities, and society as a whole to enhance their individual and collective well-being. Social work ...

, psychological counselling or

psychiatric treatment Psychiatry is the medical specialty devoted to the diagnosis, prevention, and treatment of mental disorders. These include various maladaptations related to mood, behaviour, cognition, and perceptions. See glossary of psychiatry. Initial psychi ...

COPFS Federations

COPFS is organised into three geographic Federations led by Procurators Fiscal for the North, East and West of Scotland. Within the federations, there is a network of 37 Procurator Fiscal offices (including the Crown Office).

Victim Information and Advice Service

Victim Information and Advice Service (VIA) is a dedicated and specialised victim information and advice service within the Crown Office and Procurator Fiscal Service. VIA was created to provide information to victims, bereaved next of kin and keeping them informed about the progress of a case. It also has a duty to advise on and facilitate referral to other agencies for specialist support and counselling as required. VIA works closely with other statutory agencies, such as the

Police The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...

and the Courts and with voluntary organisations, such as

Court Witness Service A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordanc ...

Women's Aid Women's Aid Federation of England, commonly called Women's Aid within England, is one of a group of charities across the United Kingdom. There are four main Women's Aid Federations, one for each of the countries of the United Kingdom. Its aim is t ...

and Victim Support, and is a unique service in the Scottish criminal justice system.

References

External links

* {{DEFAULTSORT:Crown Office And Procurator Fiscal Service Scottish Government Scottish criminal law Legal organisations based in Scotland Crown Office and Procurator Fiscal Organisations based in Edinburgh Category B listed buildings in Edinburgh Old Town, Edinburgh