Crown Office and Procurator Fiscal Service
Crown Office, Chambers Street | |
Agency overview | |
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Jurisdiction | Scotland |
Headquarters | 25 Chambers Street Edinburgh EH1 1LA[1] |
Employees | 1650 |
Annual budget |
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Minister responsible |
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Agency executive |
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Parent agency | Scottish Government |
Website | www |
Map | |
Listed Building – Category B | |
Official name | 25 Chambers Street, Crown Office (Former Heriot Watt University)[2] |
Designated | 29 April 1977[2] |
Reference no. | LB27981[2] |
This article is part of a series within the Politics of the United Kingdom on the |
Politics of Scotland |
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The Crown Office and Procurator Fiscal Service (
The Service's jurisdiction covers all of Scotland, and includes investigation and prosecution of criminal offences, sudden or suspicious deaths, and criminal conduct by the police. It also includes assessment and possession of
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 mediaeval times, with the earliest Lord Advocate being John Ross of Montgrenan, whom the King appointed as his commissioner at a hearing in Stirling in 1476, then as procurator for another case in Edinburgh in the following year.[3]
The history of the procurator fiscal is similarly difficult to set down with exactness, though the role has developed significantly over time. The first documentary 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, who by the 18th century was responsible for most prosecutions in local areas. By the 19th 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.[4] The Book of Regulations is still used today in providing the framework for local prosecution in Scotland.[5]
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 held at Camp Zeist in the Netherlands, the prosecutions are normally (but not always) led by Advocates Depute 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.[6] This prosecutorial role can not be removed from her by the Scottish Parliament.
The Lord Advocate is the senior of the two Scottish Law Officers, and is the chief legal adviser to the
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.[9]
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, as well as serving as Chief Executive for the department.
The Crown Agent also holds the office of
Advocate deputes
At the
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, a part of the Scottish Legal Aid Board.
Procurators fiscal make preliminary investigations into criminal cases, take written statements from witnesses (known as
Procurators fiscal work in the local sheriffdom 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. The procurator fiscal 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 (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. If they decide to prosecute a case, they can choose the level at which to prosecute (either through solemn or summary procedure) with the accused having no right to choose a jury trial 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".[18][19][20] 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), at the time limited to a maximum of £25 and subsequently increased to £300.[21][22][23]
Since then these options have expanded to giving a warning, fiscal fines,
COPFS Functions
COPFS is organised into functions namely Local Court, High Court, Specialist Casework and Operational Support each of which is led by a Deputy Crown Agent. Within the Local Court function there are six Sheriffdom Procurators Fiscal who are responsible for the consideration and prosecution of criminal casework within the Sheriff and Justice of the Peace courts. Within Local Court there is also a National Initial Case Processing Unit which specialises in the decision making of summary level cases reported to COPFS by Police Scotland and other specialist reporting agencies.
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
See also
- Public prosecutors in other parts of the UK:
- England and Wales)
- Public Prosecution Service for Northern Ireland
- Crown Prosecutor
- Scots Law
- High Court of Justiciary
- Sheriff Court
- Justice of the peace court
- Lord Advocate's Reference
References
- ^ "Contact us". Crown Office and Procurator Fiscal Service. Retrieved 9 December 2019.
- ^ a b c Historic Environment Scotland. "25 Chambers Street, Crown Office (Former Heriot Watt University) (Category B Listed Building) (LB27981)". Retrieved 17 July 2022.
- ^ "History of the office of Lord Advocate". Crown Office and Procurator Fiscal Service. Archived from the original on 27 September 2011.
- ^ "Historical development of the office of Procurator Fiscal". Crown Office and Procurator Fiscal Service. Archived from the original on 12 March 2012. Retrieved 18 July 2009.
- ^ "Freedom of Information: Book of Regulations". Crown Office and Procurator Fiscal Service. Archived from the original on 27 September 2011.
- ^ Criminal Procedure (Scotland) Act 1995 (c.46)
- ^ The role and functions of the Lord Advocate[permanent dead link]
- ^ Scotland Act 1998, section 27.
- ^ Judges call for Lord Advocate to be stripped of powers, Sunday Herald, 1 November 2008
- ^ "John Logue". www.gov.scot. Scottish Government. Retrieved 12 January 2024.
- ^ "Our leadership and structure". www.copfs.gov.uk. Crown Office and Procurator Fiscal Service. Retrieved 12 January 2024.
- ^ "John Logue". www.gov.scot. Scottish Government. Retrieved 12 January 2024.
- ^ "KLTR Overview - King's and Lord Treasurer's Remembrancer". kltr.gov.uk.
- ^ "When a crime is committed it is the responsibility of the Procurator Fiscal to investigate it." Lord Justice Clerk Thomson Smith "The investigation of complaints against the police in Scotland: A Fair Cop?". Scottish Government. Retrieved 11 August 2009.[permanent dead link]
- ^ "Investigation and Prosecution of Crime: How does the prosecution system work?". Crown Office. Archived from the original on 4 July 2008.
- ^ Procurator Fiscal – "Powers". "Procurator Fiscal - "Powers"". Archived from the original on 28 May 2009. Retrieved 12 August 2009.
- ^ "Investigation and Prosecution of Crime: 110/140 Day Rule". Crown Office. Archived from the original on 6 October 2008.
- ^ "Summary Justice Reform Thematic Report on the Use of Fiscal Fine" (PDF). Scottish Government. p. 7. Archived from the original (PDF) on 2 April 2015. Retrieved 10 August 2009.
Although Scotland did not have the principle of 'legality' as in some foreign jurisdictions where the prosecutor has no discretion...
- ^ "Procurator Fiscal Powers". David Hingston LLB. Archived from the original on 28 May 2009. Retrieved 12 August 2009.
We do not have the English system of someone deciding whether or not to press charges, nor of Magistrates [or in America, Grand Juries] deciding whether or not someone should be committed for trial, nor of the accused opting for trial by jury. In Scotland, these are decisions for the Procurator Fiscal to make.
- ISBN 978-0-414-01683-5.
- ^ "Where a procurator fiscal receives a report that a relevant offence has been committed he may send to the alleged offender a notice under this section (referred to in this section as a conditional offer)"The Criminal Justice (Scotland) Act 1987 s.56" (PDF). Office of Public Sector Information. Retrieved 11 August 2009.
- ^ "Conditional offer of fixed penalty by procurator fiscal" "The Criminal Justice (Scotland) Act 1987 Fixed Penalty Order 1987". Office of Public Sector Information. Retrieved 11 August 2009.
- ^ "Penalties as alternative to prosecution" "Criminal Proceedings etc. (Reform) (Scotland) Act 2007". Office of Public Sector Information. Retrieved 11 August 2009.
- ^ Alternatives to prosecution: "Victimes of crime in Scotland". Scottish Government. Archived from the original on 15 February 2011. Retrieved 10 August 2009.
- ^ "VIA Overview". Crown Office. Archived from the original on 1 December 2008.