Procurator Fiscal

A Procurator Fiscal is the civil servant legally responsible for heading an investigation, and making the decision to prosecute in a criminal case. Procurator Fiscals sit within the Crown Office and Procurator Fiscal Service.

Where the Solemn Proceedure may be used, the Procurator Fiscal seeks advice from the Crown Counse on how to proceed with the case.

Although a prosecution can occur without a procurator fiscal (a private prosecution) these require the approval of either the High court of the Justiciary or the Lord Advocate, and are as such very rare.

The decision to prosecute
The Procurator Fiscal must examine both legal and public interest considerations in making the decision to prosecute. These include:


 * Legal Considerations
 * Was the conduct a crime known to the laws of Scotland?
 * What legal impediments are there, if any, to a successful prosecution?
 * ECHR, EU and other International obligations
 * Admissability of evidence
 * Reliability of evidence
 * Credibility of evidence
 * Sufficiency of evidence
 * Public Interest considerations
 * Nature and Gravity of offence
 * Impact on witnesses and victims
 * Age, background and circumstances of the accused
 * Age, background and circumstances of others involved in the case
 * Victims Attitude
 * Motive
 * Age of offence
 * Mitigating circumstances
 * Effect of prosecution on the accused
 * Risk of further offences
 * Possible Civil Law remedies
 * Court powers
 * Public Concern

Alternatives
The Procurator Fiscal has powers to use alternatives to prosecution at their discretion

Warnings
These are given only when the Procurator Fiscal has enough evidence to prosecute, feels the offence is not trivial, but elects not to prosecute. Further Offences are likely to result in prosecution.

"Fiscal Fines" / Fiscal Work Order/ "Conditional Offers" / "Fixed Penalties"
Instead of raising a case following the Summary Procedure (criminal), a Procurator Fiscal can instead propose a fine. This does not result in a conviction, but can be informed through the courts as if it were a court fine.

These can range from £50 to £300, and should a further offence occur the court will be informed when examining that further offence.

Fiscal Work Orders are similar, but require a period of unpaid work.

"Conditional offers of fixed penalty" work similarly.

Additionally police officers and traffic wardens can issue fixed penalty notices.

Diversion
Instead of pressing charges, the accused can be referred to a Social Worker, Psychiatrist, Psychologist, or mediator. These schemes are usually run by the social work department, and depend on availability. They can be used where use it will prevent or deter future offences.

Childrens Reporter
When a child is below 12 they cannot be prosecuted, and typically prosecutions would not be pressed against children under 16 unless the offence is very serious, or they are very close to that age. The Procurator can choose to divert children to the Childrens reporter.