Procurator Fiscal Service

Procurator Fiscal Service
Name	Procurator Fiscal Service
Formed	16th century
Jurisdiction	Scotland
Headquarters	Crown Office, Edinburgh
Chief1 name	Lord Advocate
Parent agency	Crown Office and Procurator Fiscal Service

Procurator Fiscal Service The Procurator Fiscal Service is the public prosecuting authority in Scotland responsible for criminal prosecution, fatal accident inquiries and the investigation of sudden deaths. It operates within the Scottish legal system alongside the Crown Office and Procurator Fiscal Service, under the political leadership of the Lord Advocate and the administrative framework of the Scottish Government and the Scottish Parliament.

History

The roots of the Procurator Fiscal Service stretch to medieval Scotland and institutional developments linked to the Treaty of Union era and subsequent reforms in the 18th century and 19th century, shaped by figures such as the Lord Justice Clerk and statutes including the Criminal Procedure Acts. Reforms in the Victorian era paralleled changes in the Royal Burghs and the professionalisation seen after the Judicial Committee of the Privy Council decisions, while 20th-century codifications responded to pressures from events like the World Wars and inquiries following disasters including the Polmont rail crash and the Lockerbie bombing. Post-devolution developments after the Scotland Act 1998 and the modernisation programmes of the Crown Office and Procurator Fiscal Service aligned practice with oversight bodies such as the Scottish Legal Aid Board and the Scottish Criminal Cases Review Commission.

Organisation and Structure

The Service is headquartered at the Crown Office in Edinburgh and comprises local Procurators Fiscal embedded in sheriffdoms and local authorities including those based in Glasgow, Aberdeen, Dundee and Inverness. Senior management includes the Solicitor General for Scotland in coordination with the Lord Advocate and professional teams linked to the Faculty of Advocates, the Law Society of Scotland and the Association of Chief Police Officers in Scotland. Operational units interact with investigative partners such as Police Scotland, NHS bodies like NHS Scotland, regulatory agencies including the Health and Safety Executive and international partners through instruments such as the European Arrest Warrant and mutual legal assistance with the Crown Prosecution Service and other prosecuting authorities.

Roles and Functions

Procurators Fiscal direct criminal prosecutions in the High Court of Justiciary, the Sheriff Court and the Justice of the Peace Court, determine fiscal fines and alternatives, and decide on the initiation or cessation of prosecutions, in consultation with the Lord Advocate and legislative frameworks like the Criminal Procedure (Scotland) Act 1995. They conduct Fatal Accident Inquiries under the provisions established by statute and precedent, engage with coronial-type functions akin to those undertaken after events like the Lockerbie bombing or the Ibrox disaster, and liaise with victims and witnesses in line with obligations under instruments such as the Victims and Witnesses (Scotland) Act 2014. They also prosecute regulatory offences originating from agencies such as the Health and Safety Executive and the Scottish Environment Protection Agency.

Investigation and Prosecution Procedures

Investigation procedures are coordinated with Police Scotland and governed by statutory regimes including the Criminal Justice (Scotland) Act provisions, evidential tests shaped by case law from the High Court of Justiciary, and prosecutorial guidance reflecting precedents from decisions involving the Crown Office and Procurator Fiscal Service and appellate rulings from the Supreme Court of the United Kingdom. The Service exercises discretion using the "evidential test" and public interest considerations, prepares indictments for trials in the High Court of Justiciary, and manages summary proceedings in the Sheriff Court. Disclosure obligations and trial preparation require liaison with defence representatives drawn from the Faculty of Advocates and solicitors regulated by the Law Society of Scotland, while international cooperation may invoke treaties such as the Mutual Legal Assistance Treaty and EU-era instruments involving the European Court of Human Rights.

Victims, Complaints and Community Engagement

Victim liaison units within the Service implement statutory duties under the Victims and Witnesses (Scotland) Act 2014 and engage with organisations such as Victim Support Scotland, local Community Justice partnerships, and restorative justice initiatives promoted by bodies like the Scottish Prison Service and the Community Justice Scotland. Complaints processes interact with the Scottish Public Services Ombudsman and the Crown Office and Procurator Fiscal Service internal complaints mechanisms, while community outreach involves collaboration with civic organisations such as Citizens Advice Scotland and local councils across areas including Fife, Lanarkshire and the Highlands and Islands.

Training, Accountability and Oversight

Training for Procurators Fiscal and legal staff is provided through institutions such as the Faculty of Advocates, the Law Society of Scotland, and internal Crown Office programmes, often referencing case law from the High Court of Justiciary and guidance from the Lord Advocate. Accountability is maintained through ministerial oversight by the Lord Advocate, scrutiny by the Scottish Parliament committees, external review by the Scottish Criminal Cases Review Commission and complaint handling involving the Scottish Public Services Ombudsman and the Crown Office and Procurator Fiscal Service performance frameworks. Oversight also engages with independent inquiries convened under statutes influenced by examples like the Inquiries Act 2005 and judicial review proceedings heard in courts such as the Court of Session.

Category:Law enforcement in Scotland Category:Legal organisations based in Scotland