Legal Definitions - advocate-depute

In Scots law, an advocate-depute is a senior lawyer appointed by the Lord Advocate (Scotland's chief public prosecutor) to handle criminal cases on behalf of the Crown. These individuals act as prosecutors in the High Court of Justiciary, Scotland's supreme criminal court, and also represent the Crown in appeals and other complex criminal proceedings. They are responsible for presenting evidence, questioning witnesses, and making legal arguments to secure convictions in serious criminal matters.

• Prosecuting a High-Profile Trial: Imagine a complex case involving a large-scale financial fraud operation that has been investigated for months. The case is deemed serious enough to be heard in the High Court of Justiciary in Glasgow.
  An advocate-depute would be assigned to lead the prosecution. They would present the Crown's evidence, cross-examine defense witnesses, and make closing arguments to the jury, all while acting under the authority and in the name of the Lord Advocate. This illustrates their role in prosecuting serious criminal cases.
• Handling a Criminal Appeal: A person convicted of a serious assault in the High Court decides to appeal their sentence, arguing it was unduly harsh. The appeal will be heard by the High Court of Justiciary sitting as the Court of Criminal Appeal.
  An advocate-depute would represent the Crown during the appeal hearing. Their role would be to argue against the appeal, defending the original sentence and ensuring that the interests of justice, as determined by the initial court, are upheld. This demonstrates their function in appellate proceedings on behalf of the state.
• Advising on Charges for a Major Incident: Following a tragic industrial accident that resulted in multiple fatalities, a lengthy police investigation concludes there is evidence of corporate negligence. The police refer their findings to the Crown Office and Procurator Fiscal Service for a decision on prosecution.
  An advocate-depute might be involved in reviewing the extensive evidence and advising on the specific criminal charges to be brought against the responsible company or individuals. Once charges are laid, they would then be responsible for prosecuting the case in court, highlighting their role in determining and pursuing serious criminal matters.