Crown Office and Procurator Fiscal Service

Crown Office and Procurator Fiscal Service
Name	Crown Office and Procurator Fiscal Service
Formed	0 1999
Preceding1	Lord Advocate's Department
Jurisdiction	Scotland
Headquarters	25 Chambers Street, Edinburgh
Employees	1,500+
Minister1 name	Angela Constance
Minister1 pfo	Cabinet Secretary for Justice
Chief1 name	Dorothy Bain
Chief1 position	Lord Advocate
Chief2 name	Ruth Charteris
Chief2 position	Solicitor General for Scotland
Chief3 name	David Harvie
Chief3 position	Crown Agent
Website	www.copfs.gov.uk

Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, operating under the direction of the Lord Advocate and the Solicitor General for Scotland. It is responsible for prosecuting crime, investigating deaths, and providing legal advice to the Scottish Government. The service plays a central role in the administration of criminal justice in Scotland, upholding the principle of prosecution in the public interest.

History and development

The origins of the service lie in the historic office of the Lord Advocate, a position dating to the early 16th century, and the subsequent development of the procurator fiscal system. The modern structure was formally established following the re-establishment of the Scottish Parliament in 1999 and the subsequent devolution of justice powers under the Scotland Act 1998. Key historical milestones include the transfer of functions from the Lord Advocate's Department and the integration of the Procurator Fiscal Service with the Crown Office in Edinburgh. The service's evolution has been shaped by major legal reforms, including those following the Her Majesty's Advocate v Al Megrahi case and the recommendations of the Scottish Law Commission.

Structure and organisation

The service is headed by the Lord Advocate and the Solicitor General for Scotland, who are the Law Officers of the Crown and members of the Scottish Government. Day-to-day operational leadership is provided by the Crown Agent, a senior civil servant. The headquarters are located at 25 Chambers Street in Edinburgh, with a network of local offices across Scotland, including in Glasgow, Aberdeen, and Inverness. The service is divided into several specialist divisions, such as the National Sexual Crimes Unit, the Scottish Fatalities Investigation Unit, and the Health and Safety Division. It works closely with other justice agencies, including Police Scotland, the Scottish Courts and Tribunals Service, and the Scottish Prison Service.

Functions and responsibilities

Its primary function is the prosecution of crime on behalf of the Crown in Scotland, covering offences under both Scots law and statute law. This includes deciding whether to prosecute cases reported by Police Scotland, conducting prosecutions in courts ranging from the Justice of the Peace Court to the High Court of Justiciary, and instructing Advocate Depute in serious cases. A major statutory duty is the investigation of all sudden, suspicious, or unexplained deaths, including fatalities in the workplace, through the Scottish Fatalities Investigation Unit. The service also provides legal advice to the Scottish Government on criminal matters and represents the public interest in certain Court of Session proceedings.

Role in the Scottish legal system

The service operates as an independent authority within the Scottish criminal justice system, making decisions based on the evidence and the public interest, free from political interference. It is a key participant in the adversarial process, presenting evidence before the High Court of Justiciary, the Sheriff Court, and other criminal courts. The service upholds the principles set out in the European Convention on Human Rights, particularly regarding the right to a fair trial. Its work is scrutinised by the Scottish Parliament, often through the Justice Committee, and its decisions can be subject to judicial review by the Court of Session.

Notable cases and prosecutions

The service has prosecuted many high-profile cases, including the trial for the Lockerbie bombing at a special Scottish court convened in the Netherlands. It led the prosecution in the Glasgow Airport attack trial and the complex financial investigations following the collapse of the Bank of Scotland. Other significant prosecutions have involved major organised crime groups, cases of corporate homicide, and historic sexual abuse investigations linked to institutions like the BBC. The service also conducted the prosecution in the Murder of Kriss Donald case, which involved international extradition proceedings.

Reform and modernisation initiatives

Recent reforms have focused on improving efficiency and transparency, driven by initiatives like the Justice Strategy for Scotland and the Victims and Witnesses (Scotland) Act 2014. A major digital transformation programme is modernising case management systems to interface with Police Scotland and the Scottish Courts and Tribunals Service. The service has established specialist units, such as the Domestic Abuse Task Force, to tackle specific crime types. Ongoing work includes implementing recommendations from reports like the Lady Dorrian Review to improve the management of sexual offence cases and exploring the use of Barlinnie for new procedural models.

Category:Law enforcement in Scotland Category:Prosecution services Category:Scottish Government