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A procurator fiscal (pl. procurators fiscal), sometimes called PF or fiscal (Scottish Gaelic: Neach-casaid a' Chrùin), is a public prosecutor in Scotland, who has the power to impose fiscal fines. They investigate all sudden and suspicious deaths in Scotland (similar to a coroner in common law systems), conduct fatal accident inquiries (a form of inquest unique to the Scottish legal system) and handle criminal complaints against the police (administrative complaints are handled by the Police Investigations and Review Commissioner). They also receive reports from specialist reporting agencies such as His Majesty's Revenue and Customs.[1]
For the majority of crimes in Scotland, the procurators fiscal present cases for the prosecution in the sheriff and justice of the peace courts (and formerly district courts), and the case for the defence is presented either by the accused, a solicitor, or an advocate. The solicitor will work for a firm of solicitors, or in certain areas of Scotland could be a public defender working for the Public Defence Solicitors' Office.
The procurator fiscal has the discretion not to prosecute and pursue alternatives free from political interference, but is always subject to the directions of the Crown Office and the Lord Advocate.[2][3][4]
- ^ Procurators Fiscal: "The Scottish Criminal Justice System: The Public Prosecution System, pg. 2" (PDF). Scottish Parliament. Retrieved 2009-08-10.
- ^ "The International Association of Prosecutors – Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors, which the Crown Office and Procurator Fiscal Service adopted in 1999, states "the use of prosecutorial discretion should be exercised independently and be free from political interference" and requires prosecutors to "perform their duties without fear, favour or prejudice.""Prosecution Code" (PDF). Crown Office and Procurator Fiscal Service. Retrieved 2009-08-10.
- ^ "...the Lord Advocate as regards procurators fiscal may from time to time issue such instructions as may be deemed necessary for the purpose of giving effect to the provisions of this Act.""Sheriff Courts and Legal Officers (Scotland) Act 1927 s.8". Office of Public Sector Information. Retrieved 2009-08-10.
- ^ "The purposes for which the Lord Advocate may issue instructions to procurators fiscal under section 8(1) of the Sheriff Courts and Legal Officers (Scotland) Act 1927 shall include, in addition to the purpose mentioned in the said section 8(1), the speedy and efficient disposal of business in the sheriff courts.""Sheriff Courts (Scotland) Act 1971 s.20". Office of Public Sector Information. Retrieved 2009-08-10.