POL00139815
POL00139815
The Scottish prosecutorial system. Unlike in England & Wales there are no private
prosecutors; all such work is undertaken by the Crown Office and Procurator Fiscal
Service (‘COPFS’). The police provide case papers to COPFS electronically and the
decision to prosecute or otherwise is taken by legally qualified solicitors, known as the
Procurator Fiscal and his or her Deputes (‘PF’). The decision to prosecute is entirely
reserved to the PF and those who have reported the crime (the ‘complainer’) has no say in
the matter. We are informed that this decision-making process extends to circumstances
where the PF may determine to prosecute or continue a prosecution in circumstances
where the complainer does not support a prosecution or no longer supports a prosecution.
Special Reporting Agencies (SRAs) may report crimes to the PF’s office. There are over
200 SRAs, in the main being government or quasi-government agencies such as the
Benefits Agency; the Environment Dept; efc. POL fits into this framework and is regarded
by the PF as a SRA. The role of a SRA is that of a special-interest complainer. The SRA
investigators collate evidence and forward a completed file to the PF for a decision as to
prosecution — the PF makes his own decision based on the material provided by the SRA,
his own policy and the Scottish rules of evidence. Many SRAs have their own legal and
investigatory departments who act as agent to the SRA, liaising with the PF and in many
instances assisting with the investigation, collation and drafting processes.
Thus bto’s role is different to that of CK in England & Wales. Within the Scottish
prosecutorial system bto does not presently act as prosecutor nor are they presently POL’s
SRA agent: rather they advise POL on the evidential and procedural requirements of
individual cases and on prosecution decisions.