Advocates Depute prosecute cases in the High Court, appear on behalf of the Crown in the criminal Appeal Court, make decisions about Fatal Accident Inquiries, and also assist and provide legal advice to the Procurators Fiscal on issues of complexity or sensitivity.
Who prosecutes crime in Scotland?
The Crown Office and Procurator Fiscal Service (COPFS) is responsible for the prosecution of crime in Scotland, the investigation of sudden or suspicious deaths and complaints of criminal conduct by police officers on duty.
What powers does the Procurator Fiscal have?
Procurators fiscal make preliminary investigations into criminal cases, take written statements from witnesses (known as precognition) and are responsible for the investigation and prosecution of crime.
Who does the Scottish Crown Office report to?
The Lord Advocate is assisted by the Solicitor General for Scotland, both Law Officers. The day-to-day running of the Service is done by the Crown Agent & Chief Executive and an executive board who are based in the service headquarters at Crown Office in Chambers Street, Edinburgh.
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Crown Office and Procurator Fiscal Service.
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What does the Scottish Crown Office do?
The Crown Office and Procurator Fiscal Service (COPFS) is Scotland’s prosecution service. We receive reports about crimes from the police and other reporting agencies and then decide what action to take, including whether to prosecute someone.
What is an advocate depute in Scotland?
Advocate Deputes are appointed by the Lord Advocate. They make decisions in serious cases and also advise Procurators Fiscal on complex or sensitive issues. Senior Advocate Deputes prosecute serious, complex or sensitive cases, deal with conviction appeals and decide which cases should be indicted in the High Court.
How long does a court have to prosecute you Scotland?
Although s136 of the Criminal Procedure (Scotland) Act 1995 removes the 6 month time limit (ie from date of offence to commencement of proceedings) for the majority of HSW cases, it must be remembered that it still applies to those offences which are only triable summarily, such as obstruction type offences under s33 …
Can the Procurator Fiscal drop a case?
Asking to drop the charges
Once the details of the crime have been passed to the procurator fiscal, it’s up to them to decide whether it is in the public interest to proceed with the case or not. You can let the procurator fiscal know if you have any concerns.
Can I speak to the Procurator Fiscal?
You can contact us in person at your local Procurator Fiscal’s office, by telephoning our National Enquiry Point on 01389 739 557, or in writing by emailing us at RIU@copfs.gsi.gov.uk or by writing to Response and Information Unit, Crown Office, 25 Chambers Street, Edinburgh, EH1 1LA.
Can the Crown be prosecuted?
The Queen is covered by what is known as sovereign immunity in the UK. It means that the sovereign cannot commit a legal wrong and is immune from civil or criminal proceedings. … The law also states that no arrests can be made in the monarch’s presence, or within the surroundings of a royal palace.
What is a fiscal depute?
A Procurator Fiscal Depute takes decisions on criminal proceedings, conducts courts and works closely with the police and other criminal justice partners.
What is a senior fiscal?
A Senior Fiscal Analyst is considered a subject matter expert by the organization and is assigned. responsibility for performing assignments requiring the highest level of analytical, subject matter, and organizational expertise (immediately below the level of supervisor), and includes preparing.
What is the role of the Lord Advocate in terms of public prosecution in Scotland?
Responsibilities. The Lord Advocate is the senior Scottish Law Officer. They are head of the systems for the prosecution of crime and investigation of deaths in Scotland; and exercises those functions independently of any other person. All prosecutions on indictment run in the Lord Advocate’s name.
Who is the Lord Advocate accountable to?
Accountability to the Scottish Parliament is an important aspect of the Lord Advocate’s constitutional role. If not an MSP, a Law Officer is nevertheless entitled to participate in the proceedings of the Parliament but may not vote (SA s. 27).
What happens if you don’t go to court as a witness Scotland?
All witnesses must give evidence in court rather than have their statements read out. Failing to attend may result in a warrant being issued for your arrest. The procurator fiscal or police will contact you if you are no longer needed to give evidence.
What does the Advocate General for Scotland do?
The Advocate General for Scotland is one of the Law Officers of the Crown, who advise the government on Scots law. … Under section 33 of the Scotland Act, the Advocate General has the power to refer Scottish Parliament Bills to the Supreme Court for decisions on their legislative competence.