Legal Definitions - libel of accusation

In Scots law, a libel of accusation refers to the formal legal document that clearly outlines the specific criminal charges brought against an individual. It serves as the official statement informing the accused person of the alleged crimes they must answer for in court.

Here are some examples to illustrate this concept:

• Imagine a person, Mr. Smith, is suspected of stealing a valuable antique from a shop in Edinburgh. The police investigate, and the Procurator Fiscal (Scotland's public prosecutor) decides to bring charges. The formal document prepared to initiate the prosecution, detailing that Mr. Smith is accused of theft, specifying the item, the shop, and the date, would be the libel of accusation. It clearly informs Mr. Smith of the exact crime he is alleged to have committed.

• Suppose Ms. Jones is accused of physically assaulting another individual during an argument in Glasgow. Before her case can proceed to trial, a formal document must be drawn up by the prosecution. This document, which precisely states the date, location, and nature of the alleged assault, along with the specific legal charge, is the libel of accusation. It ensures Ms. Jones understands the exact allegations against her.

• Consider a situation where a business executive in Aberdeen, Mr. Brown, is suspected of committing financial fraud by misrepresenting company accounts to investors. The legal process in Scotland would begin with the preparation of a libel of accusation. This document would meticulously detail the specific fraudulent acts, the dates they occurred, the amounts involved, and the particular sections of Scots law related to fraud that Mr. Brown is alleged to have violated. This formal statement is crucial for informing Mr. Brown of the precise charges he faces.