A Procurator Fiscal is Scotland’s public prosecutor. The job covers deciding whether criminal charges are brought, directing the investigation that supports those decisions, offering alternatives to prosecution in appropriate cases, and investigating sudden, suspicious, or unexplained deaths on behalf of the Lord Advocate. Every criminal prosecution in Scotland runs through the Crown Office and Procurator Fiscal Service (COPFS), the country’s sole prosecution authority.1COPFS. Our Leadership and Structure So when people ask what does a Procurator Fiscal do, the short answer is that the role combines powers split between separate officials in most other countries.
Procurators Fiscal are legally qualified civil servants, not elected officials, and they operate independently of police and of the Scottish Government. Police send them reports; the fiscal decides what happens next.
Deciding Whether to Prosecute
When police or another reporting agency believe a crime has occurred, they send a Standard Prosecution Report to the local Procurator Fiscal. The fiscal then works through two questions: is there enough evidence, and is prosecution in the public interest?2COPFS. Scotland’s Criminal Justice System
The Corroboration Requirement
Scotland stands out among common law jurisdictions because it still requires corroboration. Two essential facts must each be supported by at least two independent sources of evidence: that a crime was committed, and that the accused committed it.3Scottish Government. The Not Proven Verdict and Related Reforms Consultation – Part 5 The Corroboration Rule Those sources can be direct, such as an eyewitness or an admission by the accused, or circumstantial, such as forensic findings or CCTV. Without corroborated evidence on both points, prosecution cannot go ahead regardless of how serious the allegation is.
Choosing the Right Court
If the evidence passes the corroboration test and prosecution serves the public interest, the Procurator Fiscal decides which court should hear the case.2COPFS. Scotland’s Criminal Justice System Scotland’s criminal courts break down this way:
- Sheriff Court (summary): a sheriff sits alone, without a jury, handling less serious offenses with more limited sentencing powers.
- Sheriff Court (solemn): a sheriff sits with a jury of 15, used for more serious offenses that still fall below the High Court threshold.
- High Court of Justiciary: a judge and jury hear the most serious cases, including all charges of murder and rape.
For High Court cases, the Procurator Fiscal prepares the case and reports to Crown Counsel, who make the final decision on whether to prosecute and what charges to bring.2COPFS. Scotland’s Criminal Justice System
Working Within Strict Deadlines
Under the Criminal Procedure (Scotland) Act 1995, criminal proceedings face strict statutory deadlines, particularly when an accused person is held in custody. In the High Court with the accused in custody, the indictment must be served within 80 days of full committal, a preliminary hearing must take place within 110 days, and the trial must begin within 140 days. Timescales stretch considerably when the accused is on bail. Sheriff Court solemn cases follow a similar structure, with a 110-day custody trial deadline, and summary proceedings generally have a six-month baseline from the date of the offense.4HM Inspectorate of Prosecution in Scotland. Thematic Report on the Management of Time Limits Managing those clocks is part of the fiscal’s day-to-day work; letting one run out on a custody case cannot simply be undone.
Alternatives to Prosecution
Not every reported crime ends up in court. Procurators Fiscal have a range of options short of prosecution, and these handle a significant share of lower-level offending. Fiscal fines were first introduced in 1987, and the Criminal Proceedings etc. (Reform)(Scotland) Act 2007 expanded the menu.5HM Inspectorate of Prosecution in Scotland. Thematic Report on Fiscal Fines – Chapter 3 Background The options now include:
- Fiscal fine of up to £300, set by the 2007 Act.
- Compensation offer, a payment directed to the victim of the offense.
- Fiscal work order, meaning unpaid work in the community.
- Warning, a formal letter making clear the behavior was criminal.
- Fixed penalty, available for certain road traffic offenses.
If you accept and comply with one of these measures, no further prosecution follows for that offense.2COPFS. Scotland’s Criminal Justice System
Diversion From Prosecution
Where someone’s offending appears linked to an identifiable need such as addiction, mental health difficulties, a learning disability, or homelessness, the Procurator Fiscal can divert the case away from the courts entirely. The person is referred to social work or a support program instead.6COPFS. Diversion From Prosecution Diversion requires enough evidence to prosecute and a judgment by the fiscal that it is the most appropriate outcome in the public interest. Participation is voluntary, and the views of the victim are taken into account.
Precognition of Witnesses
Before a case reaches court, the Procurator Fiscal may interview witnesses in a process called precognition. This is not a police interview. It is a meeting where prosecution staff ask the witness what they saw, heard, or experienced, and use that information to understand what the witness would say in court.7COPFS. Precognition The meeting also gives the prosecutor a chance to ask whether the witness wants the case to go to court and to help the witness prepare for giving evidence. A final prosecution decision may not yet have been made at this stage.
Investigating Sudden and Suspicious Deaths
One of the most distinctive parts of the role is death investigation. While England and Wales use coroners for this purpose, Scotland places it with COPFS. The Procurator Fiscal investigates all sudden, suspicious, accidental, or unexplained deaths on behalf of the Lord Advocate.8COPFS. About COPFS This can include ordering a post-mortem examination. The family’s views are considered, though the final call belongs to COPFS.9COPFS. Our Role in Investigating Deaths
Fatal Accident Inquiries
A Fatal Accident Inquiry (FAI) is a public hearing before a Sheriff to establish what happened and identify steps that could prevent similar deaths in the future.10COPFS. Guide to Fatal Accident Inquiries Under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, an FAI is mandatory in two situations:
- Work-related deaths, where someone died in Scotland as a result of an accident during their employment or occupation.
- Deaths in legal custody (prison, police custody, court premises, or service custody) or where a child was detained in secure accommodation.11UK Legislation. Inquiries Into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016 – Explanatory Notes Section 2
For all other deaths, the Lord Advocate has discretion to order an FAI when it is in the public interest. Even within the mandatory categories, the Lord Advocate can decide against an inquiry if the circumstances have already been sufficiently established through other proceedings.12Scottish Government. Fatal Accident Inquiries Review
Support for Victims and Witnesses
COPFS runs a Victim Information and Advice (VIA) service for people who need extra support during criminal proceedings. VIA is offered to victims under 18, those at or over state pension age, victims of domestic abuse, hate crime, sexual offenses, or stalking, family members in a death enquiry, and anyone assessed as needing additional support.13COPFS. Victim Information and Advice (VIA) Service
VIA staff can keep you informed about hearing dates, bail decisions, verdicts, and sentences. They can apply to the court for special measures if you need to give evidence, arrange a courtroom visit beforehand, and refer you to organizations offering practical and emotional support. They can also help you prepare a victim impact statement and pass your views to the judge if a non-harassment order is being considered.
Victims’ Right to Review
If the Procurator Fiscal decides not to prosecute, or stops a case after it has gone to court, victims can challenge that decision through a formal review. You are eligible to apply if you were directly affected by the crime, or if you are a family member of a victim who died, a parent or carer of a victim under 18, or a person nominated in writing by an adult victim.14COPFS. Victims’ Right to Review
Applications should go in as soon as possible, ideally within one month of learning the decision. Fill in a Victims’ Right to Review application form and send it by email to RIU@copfs.gov.uk or by post to the Response and Information Unit at Crown Office in Edinburgh. COPFS aims to deliver a review decision within 20 working days.14COPFS. Victims’ Right to Review
Oversight and Complaints
HM Inspectorate of Prosecution in Scotland independently scrutinizes the quality of the prosecution service. The Inspectorate conducts thematic reviews, publishes reports, and submits an annual report to the Lord Advocate, who must lay it before the Scottish Parliament.15HM Inspectorate of Prosecution in Scotland. What We Do After each inspection, COPFS provides an action plan addressing every recommendation, and the Inspectorate tracks whether those plans are carried out.
If you have a personal complaint about the service you received from a Procurator Fiscal’s office, COPFS has a formal complaints procedure. Complaints should be made within six months and can be submitted in person at any Procurator Fiscal office, by phone on 0300 020 3000, by email to Complaints@copfs.gov.uk, or by post to the Response and Information Unit at Crown Office.16COPFS. Complaint Handling Procedure COPFS does not accept complaints through social media. The complaints process covers service failures, not disagreements with prosecution decisions themselves; challenging a decision not to prosecute goes through the Victims’ Right to Review.