Procurator Fiscal

Information about Procurator Fiscal

Scots law


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A procurator fiscal is the public prosecutor in Scotland. He/she also carries out functions broadly equivalent to the coroner in other legal systems.

For the majority of crimes in Scotland the procurators fiscal present cases for the prosecution in the Sheriff and District Courts, and the case for the defence is presented either by the accused, a solicitor or an advocate. The solicitor will work for a firm of solicitors, or in certain areas of Scotland could be a public defender.

The Procurator Fiscal has a great deal of discretion, but is always subject to the directions of Crown Office and the Lord Advocate.

Prosecution of crimes

The Procurator Fiscal makes preliminary investigations into criminal cases, takes written statements from witnesses (known as precognition) and is 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, the Crown must bring the case to trial within 110 days or the accused will be admitted to bail. Otherwise, in serious cases (solemn procedure) the trial must commence within 12 months of the date of first appearance in court.

Deaths

As the local official concerned with suspicious and sudden deaths, the Procurator Fiscal is responsible for determining all causes of death within their jurisdictions. They do not hold inquests, but instead will direct police to undertake enquiries to determine if any crime has been committed, and if one has been committed, prosecute the offender. In certain circumstances, they conduct a Fatal Accident Inquiry to determine cause and culpability.

Serious crimes

For the most serious crimes, the case will not be directly prosecuted by the Procurator Fiscal. Instead, the case will be heard at the High Court of Justiciary and the prosecution will be made in the name of the Lord Advocate by an Advocate Depute.

Origins

The origin of the office is uncertain but, as the title suggests, the procurator fiscal may originally have been an officer of the sheriff with financial (fiscal) responsibilities. However, any such responsibilities had been eclipsed in the course of the eighteenth century by his duty as prosecutor in the sheriff court. In this capacity he gave concurrence in private prosecutions and prosecuted on behalf of the Crown. Until the end of the 18th century the fiscal was the sheriff's official and tenure of the office was at the pleasure of the sheriff, but with the decline of private prosecution the fiscal came to be regarded more and more as under the control of the Lord Advocate. From 1776 the government started to pay procurators fiscal to take precognitions and in 1907 the right of appointing procurators fiscal was transferred to the Lord Advocate.

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Courts of Scotland are the civil, criminal and heraldic courts responsible for the administration of justice in Scotland. They are constituted and governed by Scots law.
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The Scottish Court Service is an executive agency of the Scottish Executive responsible for the administration the of the Court system in Scotland. The Service was created in 1995 by the Scottish Office
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The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.

The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's
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The Scottish Criminal Cases Review Commission (SCCRC) is a non-departmental public body in Scotland, established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act 1997).
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The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833.[1] It replaced the Court of Delegates.
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Court of Session is the supreme civil court of Scotland. It is both a court of first instance and a court of appeal and sits exclusively in Parliament House in Edinburgh.

The Sheriff Court is the other Scottish civil court; this sits locally.
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The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge (and Senator) of the College of Justice and Court of Session, as well as being Lord Justice General
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The Senators of the College of Justice, also known as the Lords of Council and Session and as the Lords Commissioners of Justiciary, are the judges of the Court of Session and of the High Court of Justiciary in Scotland.
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Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.

Sheriff courts deal with a myriad of legal procedures which include:
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SHERIFF is a telecom fraud detection and management system, originally developed by BT and MCI. SHERIFF is an acronym for Statistical Heuristic Engine to Reliably and Intelligently Fight Fraud.
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The High Court of Justiciary is the supreme criminal court of Scotland.

The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House (or in the former Sheriff Court
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The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge (and Senator) of the College of Justice and Court of Session, as well as being Lord Justice General
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The Senators of the College of Justice, also known as the Lords of Council and Session and as the Lords Commissioners of Justiciary, are the judges of the Court of Session and of the High Court of Justiciary in Scotland.
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Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.

Sheriff courts deal with a myriad of legal procedures which include:
  • Solemn and Summary Criminal cases

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The office of sheriff principal is unique within the judicial structure of Scotland, and it cannot therefore readily be compared with any other judicial office. It is one of great antiquity, having existed continuously since around the 11th century.
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They were introduced in 1975 as replacement for Burgh Police Courts (see Burgh); they deal with the most minor
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A justice of the peace (JP) is a puisne judicial officer appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice and deal with local administrative applications in common law jurisdictions.
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Court of the Lord Lyon, also known as the Lyon Court, is a standing court of law which regulates heraldry in Scotland. Like the College of Arms in England it maintains the register of grants of arms, known as the Public Register of All Arms and Bearings in Scotland, as well
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The Lord Lyon King of Arms, the head of Lyon Court, is the most junior of the Great Officers of State in Scotland and is the Scottish official with responsibility for regulating heraldry in that country, issuing new grants of arms, and serving as the judge of the oldest
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A Children’s Hearing is part of the legal and welfare systems in Scotland; it aims to combine justice and welfare for children and young people.

The children’s hearing is a lay tribunal made up of three members of the Children’s Panel
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Scotland

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Politics of Scotland

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Scotland

This article is part of the series:
Politics of Scotland

Scottish Parliament
Scottish Executive
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Scotland

This article is part of the series:
Politics of Scotland

Scottish Parliament
Scottish Executive
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Lord Advocate
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The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary.
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An advocate is one who speaks on behalf of another person, especially in a legal context. It is used primarliy in reference to the system of Scots law, Anglo-Dutch law and Israeli law.
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