Procurator Fiscal
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A procurator fiscal is a public prosecutor in Scotland, also carrying out some of the investigatory functions done by the coroner in other legal systems but not any eventual Fatal Accident Inquiry.
For the majority of crimes in Scotland the procurators fiscal present cases for the prosecution in the Sheriff and 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.
The Procurator Fiscal has a great deal of discretion, but is always subject to the directions of Crown Office and the Lord Advocate.
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[edit] 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.
[edit] Deaths
As the local official concerned with suspicious and sudden deaths, the Procurator Fiscal will initially deal with deaths where a Fatal Accident Inquiry (FAI) is mandatory and determine if further action is required where an FAI is discretionary. Prior to the introduction of FAIs, Procurators Fiscal determined the causes and circumstances of a death requiring investigation but this is now no longer part of their duties; any consequent Fatal Accident Inquiry is part of the proceedings held in a Sheriff Court. When necessary, PFs will direct police to undertake further enquiries if the occurrence of a crime is suspected and, if deemed appropriate, will initiate proceedings against any person(s) suspected.
[edit] 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 the Lord Advocate by an Advocate Depute.
[edit] 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.
[edit] Areas
There are eleven Procurators Fiscal in Scotland, each covering a geographical area or jurisdiction with a central office. Outside of Strathclyde, these areas typical correspond with constabulary areas for the territorial police forces in Scotland. They are (areas in Strathclyde marked with an asterisk)[1]:
- Argyll and Clyde (in Paisley)*
- Ayrshire (in Kilmarnock)*
- Central (in Stirling)
- Dumfries and Galloway (in Dumfries)
- Fife (in Kirkcaldy)
- Glasgow*
- Grampian (in Aberdeen)
- Highlands and Islands (in Inverness)
- Lanarkshire (in Hamilton)*
- Lothian and Borders (in Edinburgh)
- Tayside (in Dundee)
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