The Crown Office and Procurator Fiscal Service () is the independent public prosecution service for

Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...

, and is a Ministerial Department of the

Scottish Government The Scottish Government (, ) is the executive arm of the devolved government of Scotland. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution, and is headquartered at St Andrew's House in ...

. The department is headed by His Majesty's Lord Advocate, who under the

Scottish legal system Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Iri ...

is responsible for prosecution, along with the sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by

the Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...

. Private prosecutions are extremely rare. 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 bona vacantia and

treasure trove A treasure trove is an amount of money or coin, gold, silver, plate, or bullion found hidden underground or in places such as cellars or attics, where the treasure seems old enough for it to be presumed that the true owner is dead and the he ...

. The Lord Advocate is assisted by the Solicitor General for Scotland, both of whom are Law Officers. The day-to-day running of the Service is carried out by the Crown Agent & Chief Executive and an executive board who are based in the service headquarters at Crown Office in Chambers Street, Edinburgh. The Service employs both

civil servants The civil service is a collective term for a sector of government composed mainly of career civil service personnel hired rather than elected, whose institutional tenure typically survives transitions of political leadership. A civil service offic ...

who carry out administrative and other duties and solicitors and advocates who represent the Crown in Court.

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 Stirling (; ; ) is a City status in the United Kingdom, city in Central Belt, central Scotland, northeast of Glasgow and north-west of Edinburgh. The market town#Scotland, market town, surrounded by rich farmland, grew up connecting the roya ...

in 1476, then as procurator for another case in

Edinburgh Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...

in the following year. 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 In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

for 22 August 1584, naming several procurators fiscal in Edinburgh. The fiscal was an officer appointed by, and accountable to, the

Sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland, the , which is common ...

, 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. The Book of Regulations is still used today in providing the framework for local prosecution in Scotland.

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 , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...

, 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 The Faculty of Advocates () is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a const ...

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. This prosecutorial role can not be removed from her by the

Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...

. The Lord Advocate is the senior of the two Scottish Law Officers, and is the chief legal adviser to the

as well as representing its ministers in civil proceedings. He is also responsible under the

Scotland Act 1998 The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was o ...

for ensuring that each

Act of the Scottish Parliament An act of the Scottish Parliament () is primary legislation made by the Scottish Parliament. The power to create acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 Scottish devolution ref ...

is within the

competence Broad concept article: *Competence (polyseme), capacity or ability to perform effectively Competence or competency may also refer to: *Competence (human resources), ability of a person to do a job properly **Competence-based management, performa ...

of that Parliament. Additionally, the Lord Advocate, along with the Solicitor General for Scotland are ''

ex officio An ''ex officio'' member is a member of a body (notably a board, committee, or council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by r ...

'' entitled to participate (but not vote) in proceedings of the Scottish Parliament to the extent permitted by standing orders. The Solicitor General can act as the deputy for the Lord Advocate. The Lord Advocate and Solicitor General are one of the

Great Officers of State Government in medieval monarchies generally comprised the king's companions, later becoming the royal household, from which the officers of state arose. These officers initially had household and governmental duties. Later some of these offic ...

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.

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 acts as the principal legal adviser to the Lord Advocate in all legal proceedings in which the Lord Advocate appears as representing his or her own department, and issues general instructions from and on behalf of the Lord Advocate for the guidance of Crown counsel, procurators fiscal, sheriff clerks and other public officials. The Crown Agent also transmits instructions from Crown counsel to procurators fiscal about prosecutions, and, subject to the direction of the Principal Clerk of Justiciary, arranges sittings of the High Court of Justiciary. At trials in the High Court in Edinburgh, the Crown Agent attends as instructing solicitor. The Crown Agent is ultimately responsible for serious crime committed and re–offending as well as ensuring all deaths reported to the procurator fiscal service are investigated whilst providing support services and information to victims and witnesses. The Crown Agent also holds the office of King's and Lord Treasurer's Remembrancer, and all property that falls to the Crown as a result of bona vacantia in Scotland is his responsibility, as is

. The post of KLTR was created in 1837 by the amalgamation of two existing posts created in 1707 – the King's/Queen's Remembrancer and the Lord Treasurer's Remembrancer, and has been held since 1981 by the holder of the office of Crown Agent.

Advocate deputes

At the High Court of Justiciary prosecutions are brought by the Lord Advocate, who is represented in Court by an Advocate Depute. Advocate Deputes are either solicitor-advocates to whom rights of audience in the High Court have been given by that Court or advocates.

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 A sheriff court () is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction to hear any criminal case except treason, murder, and ra ...

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

precognition Precognition (from the Latin 'before', and 'acquiring knowledge') is the purported psychic phenomenon of seeing, or otherwise becoming directly aware of, events in the future. There is no accepted scientific evidence that precognition is a ...

) and are responsible for the investigation and prosecution of crime. This includes the power to direct the police in their investigation, but except for serious crimes such as murder the police normally complete their enquiries before involving the procurator fiscal. In the most serious cases, once someone has been charged with an offence and remanded in custody,

must bring the case to court within 110 days or the accused will be admitted to bail. In serious cases (known as

solemn procedure Solemn proceedings is the term used in Scotland for serious criminal cases prosecuted on indictment before a judge and jury. These are distinct from summary proceedings before a sheriff A sheriff is a government official, with varying duti ...

with a jury as opposed to summary procedure without) where the accused is admitted to bail, the trial must commence within 12 months of the date of first appearance in court. Procurators fiscal work in the local

sheriffdom A sheriffdom is a judicial district in Scotland, led by a sheriff principal. Since 1 January 1975, there have been six sheriffdoms. Each sheriffdom is divided into a series of sheriff court districts, and each sheriff court is presided over by a r ...

and most of the fiscal offices in Scotland are either in or near the

. 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 Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

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 A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used ...

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".p. 46 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 A fiscal fine (formally a fixed penalty conditional offer) is a form of deferred prosecution agreement in Scotland issued by a procurator fiscal for certain summary offences as an alternative to prosecution. Alternatives to prosecution are calle ...

), at the time limited to a maximum of £25 and subsequently increased to £300. Since then these options have expanded to giving a warning, fiscal fines, compensation orders, work orders, road traffic fixed penalties or diversion from prosecution into

social work Social work is an academic discipline and practice-based profession concerned with meeting the basic needs of individuals, families, groups, communities, and society as a whole to enhance their individual and collective well-being. Social wo ...

, psychological counselling or psychiatric treatment.

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. In early 2025, the COPFS took over the management of post-mortem examinations in

Aberdeen Aberdeen ( ; ; ) is a port city in North East Scotland, and is the List of towns and cities in Scotland by population, third most populous Cities of Scotland, Scottish city. Historically, Aberdeen was within the historic county of Aberdeensh ...

, due to staff shortages, with officials saying the development aimed to "ensure there are no gaps in the provision of these services and to minimise the distress to bereaved families."

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 counselling as required. VIA works closely with other statutory agencies, such as the

Police The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order ...

and the

Courts A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts gene ...

and with voluntary organisations, such as Court Witness Service, Women's Aid and Victim Support, and is a unique service in the Scottish criminal justice system.

References

External links

* {{DEFAULTSORT:Crown Office And Procurator Fiscal Service Scottish Government Scottish criminal law Legal organisations based in Scotland Crown Office and Procurator Fiscal Government-related organisations based in Edinburgh Category B listed buildings in Edinburgh Old Town, Edinburgh