Crown Office and Procurator Fiscal Service

Crown Office and Procurator Fiscal Service
Enric · CC BY-SA 4.0 · source
Name	Crown Office and Procurator Fiscal Service
Jurisdiction	Scotland
Headquarters	Parliament House, Edinburgh
Formed	1707 (evolving office)
Chief1 name	Lord Advocate
Chief1 position	Chief Prosecutor
Parent department	Scottish Government (historically linked)

Crown Office and Procurator Fiscal Service

The Crown Office and Procurator Fiscal Service is the public prosecution and death-investigation authority for Scotland. It directs criminal prosecutions, conducts fatal accident inquiries and represents the public interest in proceedings deriving from events in Scotland such as those involving the Scottish Parliament, the High Court of Justiciary, the Court of Session and the Sheriff Courts. The organisation acts at the intersection of Scottish criminal law, devolved institutions and reserved matters, interacting with institutions including the Lord Advocate, the Scottish Criminal Cases Review Commission and the Scottish Human Rights Commission.

History

The office traces roots to medieval Scottish institutions such as the Lord High Chancellor and the King's Advocate, evolving through constitutional changes including the Acts of Union 1707, the Judiciary and Courts (Scotland) Act developments and nineteenth-century legal reforms. Key figures and epochs in its development include associations with the Court of Session, the High Court of Justiciary, and legal personalities whose careers intersected with cases in Edinburgh, Glasgow and Aberdeen. The institution adapted through twentieth-century reforms influenced by inquiries like the Dunblane Inquiry, developments in European Court of Human Rights jurisprudence and statutory reforms embodied in Acts of the Scottish Parliament such as the Criminal Procedure (Scotland) Act.

Organisation and Structure

The service is led by the Lord Advocate, who is a member of the Scottish Government and accountable to the Scottish Parliament and to the courts including the High Court of Justiciary and the Court of Session. Operational leadership is exercised by the Crown Agent and the Solicitor General for Scotland, supported by Procurators Fiscal located in sheriffdoms such as Lothian and Borders, Strathclyde, Tayside, Central and Fife. The structure interfaces with police forces including Police Scotland, forensic providers such as the Forensic Science Service (historically) and laboratories, and other agencies like Revenue Scotland, the Driver and Vehicle Licensing Agency in cross-border issues, and UK bodies such as the Crown Prosecution Service in matters involving reserved offences.

Roles and Responsibilities

Procurators Fiscal and Crown Counsel prosecute criminal cases at summary and solemn levels before magistrates, sheriffs and the High Court of Justiciary, advise the Lord Advocate and represent the Crown in appeals to the UK Supreme Court and the European Court of Human Rights. The service decides on charge, diversion, fixed-penalty and fiscal fines, and issues indictments under instruments like the Sexual Offences (Scotland) Act and the Criminal Justice (Scotland) Act. It liaises with institutions such as the Scottish Courts and Tribunals Service, the Faculty of Advocates, Police Scotland, Crown Office Disclosure Units, and specialist units that handle terrorism-related matters linked to legislation such as the Terrorism Act. It also interfaces with international bodies including INTERPOL and Eurojust in cross-border criminality matters.

Prosecution Process and Procedures

Initial investigation is led by Police Scotland who compile evidence for submission to a Procurator Fiscal, who evaluates sufficiency of evidence against statutory tests and prosecutorial policies such as the Evidential Test and Public Interest Test. Decisions include instituting summary proceedings in Sheriff Courts, committing for trial before the High Court of Justiciary, or offering alternatives such as Fiscal Fixed Penalties, diversionary measures including TOC (Treatment Outcome Court-like schemes), or referral to bodies such as the Scottish Legal Aid Board when defence representation issues arise. In serious cases Crown Counsel prepare indictments, instruct advocates from the Faculty of Advocates or Solicitors Advocate, and manage disclosure obligations in line with rulings from cases like Cadder and jurisprudence from the Supreme Court and the European Court of Human Rights.

Investigations and Fatal Accident Inquiry System

Procurators Fiscal investigate sudden, suspicious and unexplained deaths and may direct Fatal Accident Inquiries (FAIs) before sheriffs sitting under statutory provisions such as the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act. FAIs examine circumstances in events involving hospitals, prisons, workplaces regulated by the Health and Safety Executive (in cross-border contexts), public transport incidents connected with agencies such as Network Rail, or incidents tied to maritime regulators like the Marine Accident Investigation Branch. The Fiscal may instruct expert witnesses from medical schools such as the University of Edinburgh, pathologists associated with NHS boards, and forensic specialists; outcomes can prompt recommendations to bodies including the Scottish Ministers, NHS Boards, local authorities and regulatory agencies.

Oversight, Accountability and Legal Framework

The service operates within a framework of statute and convention, subject to oversight by the Scottish Parliament through questions to the Lord Advocate, scrutiny by judicial review in the Court of Session, and external review by bodies such as the Scottish Public Services Ombudsman and the Scottish Human Rights Commission. Individual cases may be reviewed by the Scottish Criminal Cases Review Commission and appealed to the High Court of Justiciary and the UK Supreme Court. Legislation shaping its remit includes Acts of the Scottish Parliament, the Human Rights Act 1998 and devolution statutes. The Crown Office is guided by published prosecutorial policies and adherence to ethical standards promoted by institutions such as the Law Society of Scotland and the Faculty of Advocates; high-profile inquiries—linked historically to events like the Lockerbie bombing and inquiries into policing operations—have prompted procedural and legislative change.

Category:Prosecution services