- Procurator Fiscal
A procurator fiscal is the
public prosecutor inScotland , also carrying out functions broadly equivalent to thecoroner in otherlegal systems .For the majority of
crime s in Scotland theprocurator sfiscal present cases for theprosecution in the Sheriff andDistrict Court s, and the case for the defence is presented either by the accused, asolicitor or anadvocate . The solicitor will work for a firm of solicitors, or in certain areas of Scotland could be apublic defender .The Procurator Fiscal has a great deal of discretion, but is always subject to the directions of
Crown Office and theLord Advocate .Prosecution of crimes
The Procurator Fiscal makes preliminary investigations into criminal cases, takes written statements from witnesses (known as precognition) and is 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 High Court cases, once someone has been charged with an offence and remanded in custody,the Crown must bring the case to a Preliminary Hearing within 110 days. A trial date will then be set which must commence by the 140th day. In Sheriff & Jury cases, the trial must commence by the 110th day. Otherwise, in serious cases (solemn procedure) the trial must commence within 12 months of the date of first appearance in court.Deaths
As the local official concerned with suspicious and sudden deaths, the Procurator Fiscal is responsible for determining all causes of death within their jurisdictions. They do not hold inquests, but instead will direct police to undertake enquiries to determine if any crime has been committed, and if one has been committed, prosecute the offender. In certain circumstances, they conduct a
Fatal Accident Inquiry to determine cause and culpability.Serious crimes
For the most serious crimes, the case will not be directly prosecuted by the Procurator Fiscal. Instead, the case will be heard at the
High Court of Justiciary and the prosecution will be made in the name of theLord Advocate by anAdvocate Depute .Origins
The origin of the office is uncertain but, as the title suggests, the procurator fiscal may originally have been an officer of the sheriff with financial (fiscal) responsibilities. However, any such responsibilities had been eclipsed in the course of the eighteenth century by his duty as prosecutor in the sheriff court. In this capacity he gave concurrence in private prosecutions and prosecuted on behalf of
the Crown . Until the end of the 18th century the fiscal was the sheriff's official and tenure of the office was at the pleasure of the sheriff, but with the decline of private prosecution the fiscal came to be regarded more and more as under the control of the Lord Advocate. From 1776 the government started to pay procurators fiscal to take precognitions and in 1907 the right of appointing procurators fiscal was transferred to the Lord Advocate.External links
* [http://www.crownoffice.gov.uk/ Official website]
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