Prosecution/Procurator Fiscal

Scotland operates a distinctive system of public prosecution, which means that the prosecution of crime is in the hands of the public prosecutor. The head of the prosecution service is the Lord Advocate – a member of the devolved Government – although the day-to-day administration of the prosecution service is the responsibility of the Procurator Fiscal.  

The procurator fiscal has three key responsibilities: the prosecution of crime in Scotland, the investigation of sudden or suspicious deaths, and the investigation of complaints against the police. Scotland is divided into 11 areas each headed by an Area Procurator Fiscal who is supported by a number of district procurators fiscal. The procurators fiscal are responsible for the prosecution of all crimes in the district and sheriff courts; crimes appearing before the High Court are prosecuted by Advocates Depute.  

The procurator fiscal has extensive powers, which have significant implications for the criminal justice system as a whole. The principal decision of the procurator fiscal is whether to prosecute in a particular case once it has been referred by the police. Generally speaking there are two factors which the procurator fiscal will consider: (a) whether there is enough evidence to justify a prosecution and (b) whether it is in the public interest to do so. The procurator fiscal also decides (with some exceptions) which court the prosecution will take place (district, sheriff or high court) and what type of procedure (summary or solemn) is likely to be used. For more information on the different types of courts and criminal procedures in Scotland see the Courts section of the website.  

Although prosecution remains the most pertinent option for the procurator fiscal, there are other options available as an alternative to prosecution. These include: a warning; compensation; ‘diversion’, or referral to a support service such social work or psychiatry; a fixed penalty for minor road offences, and the ‘fiscal fine’ for non-traffic offences such as breach of the peace.  

For more information on the role and responsibilities of the procurator fiscal visit the Crown Office and Procurator Fiscal Service website.