Legal Definitions - procurator fiscal

In Scots law, a procurator fiscal is a public prosecutor who represents the Crown (the state) in Scotland's lower courts, such as the Sheriff Court or Justice of the Peace Court. Their responsibilities are broad, encompassing both the investigation of crimes and sudden or unexplained deaths, and the decision to bring charges and prosecute individuals.

Essentially, a procurator fiscal acts as the primary legal authority for initiating criminal proceedings in their assigned district, reviewing police investigations, and presenting cases in court. They play a crucial role in ensuring justice is served under the Scottish legal system.

• Example 1: Investigating and Prosecuting a Theft

  Imagine a situation where a local bakery reports a break-in and theft to the police. After the police complete their investigation and gather evidence, they submit their findings to the local procurator fiscal. The procurator fiscal then reviews all the evidence, such as witness statements and CCTV footage. If they determine there is sufficient evidence to support a charge, they will decide to prosecute the alleged thief in the Sheriff Court. This example illustrates the procurator fiscal's role in reviewing police investigations and initiating criminal proceedings in a lower court.

• Example 2: Overseeing a Sudden Death Inquiry

  Consider a scenario where a person is found deceased in their home, and the cause of death is not immediately clear or appears to be unexpected. The procurator fiscal for that area would be informed and would take charge of the investigation into the death. This might involve ordering a post-mortem examination, gathering medical records, and interviewing family members or witnesses to determine the exact cause of death and whether any suspicious circumstances were involved. This demonstrates their unique responsibility for investigating sudden or unexplained deaths, a key part of their public duty.

• Example 3: Prosecuting a Serious Road Traffic Offence

  Suppose a driver is involved in a serious car accident where they are suspected of driving dangerously, causing injury to another person. Following the police investigation, which includes accident reconstruction and witness interviews, the case file is sent to the procurator fiscal. The procurator fiscal evaluates the evidence to decide if there is a strong enough case to pursue charges. If they conclude that there is, they will then prosecute the driver for dangerous driving in the Sheriff Court. This highlights their function in prosecuting various types of crimes, including serious traffic offenses, in the appropriate Scottish courts.