Legal Definitions - depute

Depute

A "depute" is a person formally appointed in Scots law to carry out the duties or act as the representative of another official. This individual is authorized to perform specific tasks or functions on behalf of the primary official, effectively stepping into their role when required.

Here are some examples illustrating the role of a depute:

• Example 1: In the Scottish legal system, a Depute Procurator Fiscal is appointed to act on behalf of the Procurator Fiscal, who is the public prosecutor. If the main Procurator Fiscal is overseeing a complex investigation, a Depute might be responsible for prosecuting specific criminal cases in the Sheriff Court, presenting evidence and arguments to the judge.

  Illustration: This demonstrates a depute acting in an official capacity, representing the primary public prosecutor and performing their duties in court as an authorized representative.

• Example 2: Consider a Scottish local authority where the elected Council Leader is unexpectedly called away on urgent business. The formally appointed Depute Leader would step in to chair a scheduled council meeting, make necessary decisions within their delegated authority, and represent the council at public engagements during the Leader's absence.

  Illustration: Here, the depute is acting as the official representative of the Council Leader, ensuring the continuity of governance and fulfilling the Leader's duties when they are unavailable, based on their formal appointment.