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Procurator Fiscal

 

 
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A procurator fiscal is a public prosecutor in Scotland
Scotland

conventional_long_name = ScotlandAlba|common_name= Scotland|image_flag = Flag of Scotland.svg|flag_width = 130px...
, also carrying out some of the investigatory functions done by the coroner
Coroner

A coroner or forensics examiner is an official responsible for investigating deaths, particularly some of those happening under unusual circumstances, and determining the cause of death....
 in other legal systems but not any eventual Fatal Accident Inquiry
Fatal accident inquiry

A fatal accident inquiry is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland....
.

For the majority of crime
Crime

Societies define Crime as the breach of one or more rules or laws for which some Government or force may ultimately prescribe a punishment.The word crime originates from the Latin crimen , from the Latin root cerno and Greek ????? = "I judge"....
s in Scotland the procurator
Procurator

Procurator may refer to:In historical uses:*Promagistrate, an appointed position in the Roman Republic by the Senate, acting in place of a curator...
s fiscal
Fiscal

*Fiscal, Spain municipality in Huesca , Spain*Several bird species in the Shrike family are known as fiscals, for example the Common Fiscal. The name comes from the Afrikaans word "fiskaal" meaning ?public official, hangman?, because they hang their prey on thorns for storage....
 present cases for the prosecution in the Sheriff
Sheriff Court

Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:...
 and District Court
District court

District courts are a category of courts which exists in several nations. These include:...
s, and the case for the defence
Defendant

A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally indictment or accused of violating a crime statute....
 is presented either by the accused, a solicitor
Solicitor

In the United Kingdom and Republic of Ireland, the legal profession is split between solicitors and barristers, and a law practitioner will usually only hold one title....
 or an advocate
Advocate

An advocate is one who speaks on behalf of another person, especially in a legal context. It is used primarily in reference to the system of Scots law, Anglo-Dutch law, Scandinavian law and Law of Israel....
. The solicitor will work for a firm of solicitors, or in certain areas of Scotland could be a public defender
Public defender

A public defender is a lawyer who works full time representing criminal defendants, or mental health clients that are not criminals but that are involuntarily held who cannot afford to hire an attorney....
.

The Procurator Fiscal has a great deal of discretion, but is always subject to the directions of Crown Office and the Lord Advocate
Lord Advocate

Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolution powers of the Scottish Parliament....
.

Prosecution of crimes
The Procurator Fiscal makes preliminary investigations into criminal cases, takes written statements from witnesses (known as precognition
Precognition (Scots law)

Precognition in Scots law is the practice of taking a factual statement from witnesses before a trial in enjoined. This is often undertaken by trainee lawyers or precognition officers employed by firms....
) and is responsible for the investigation and prosecution of crime.






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Encyclopedia


A procurator fiscal is a public prosecutor in Scotland
Scotland

conventional_long_name = ScotlandAlba|common_name= Scotland|image_flag = Flag of Scotland.svg|flag_width = 130px...
, also carrying out some of the investigatory functions done by the coroner
Coroner

A coroner or forensics examiner is an official responsible for investigating deaths, particularly some of those happening under unusual circumstances, and determining the cause of death....
 in other legal systems but not any eventual Fatal Accident Inquiry
Fatal accident inquiry

A fatal accident inquiry is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland....
.

For the majority of crime
Crime

Societies define Crime as the breach of one or more rules or laws for which some Government or force may ultimately prescribe a punishment.The word crime originates from the Latin crimen , from the Latin root cerno and Greek ????? = "I judge"....
s in Scotland the procurator
Procurator

Procurator may refer to:In historical uses:*Promagistrate, an appointed position in the Roman Republic by the Senate, acting in place of a curator...
s fiscal
Fiscal

*Fiscal, Spain municipality in Huesca , Spain*Several bird species in the Shrike family are known as fiscals, for example the Common Fiscal. The name comes from the Afrikaans word "fiskaal" meaning ?public official, hangman?, because they hang their prey on thorns for storage....
 present cases for the prosecution in the Sheriff
Sheriff Court

Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:...
 and District Court
District court

District courts are a category of courts which exists in several nations. These include:...
s, and the case for the defence
Defendant

A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally indictment or accused of violating a crime statute....
 is presented either by the accused, a solicitor
Solicitor

In the United Kingdom and Republic of Ireland, the legal profession is split between solicitors and barristers, and a law practitioner will usually only hold one title....
 or an advocate
Advocate

An advocate is one who speaks on behalf of another person, especially in a legal context. It is used primarily in reference to the system of Scots law, Anglo-Dutch law, Scandinavian law and Law of Israel....
. The solicitor will work for a firm of solicitors, or in certain areas of Scotland could be a public defender
Public defender

A public defender is a lawyer who works full time representing criminal defendants, or mental health clients that are not criminals but that are involuntarily held who cannot afford to hire an attorney....
.

The Procurator Fiscal has a great deal of discretion, but is always subject to the directions of Crown Office and the Lord Advocate
Lord Advocate

Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolution powers of the Scottish Parliament....
.

Prosecution of crimes


The Procurator Fiscal makes preliminary investigations into criminal cases, takes written statements from witnesses (known as precognition
Precognition (Scots law)

Precognition in Scots law is the practice of taking a factual statement from witnesses before a trial in enjoined. This is often undertaken by trainee lawyers or precognition officers employed by firms....
) and is responsible for the investigation and prosecution of crime. This includes the power to direct the police
Police

Police are agents or agencies, usually of the executive , empowered to enforce the law and to ensure public and social order through the legitimized use of force....
 in their investigation, but except for serious crimes such as murder the police normally complete their enquiries before involving the procurator fiscal. In High Court cases, once someone has been charged with an offence and remanded in custody, the Crown
The Crown

Throughout the Commonwealth realms, the Crown is an abstract metonymy concept which represents the legal authority for the existence of any government....
 must bring the case to a Preliminary Hearing within 110 days. A trial date will then be set which must commence by the 140th day. In Sheriff & Jury cases, the trial must commence by the 110th day. Otherwise, in serious cases (solemn procedure) the trial must commence within 12 months of the date of first appearance in court.

Deaths


As the local official concerned with suspicious and sudden deaths, the Procurator Fiscal is responsible for determining all causes of death within their jurisdictions. They do not hold inquests, but instead will direct police to undertake enquiries to determine if any crime has been committed, and if one has been committed, prosecute the offender. In certain circumstances, they conduct a Fatal Accident Inquiry
Fatal accident inquiry

A fatal accident inquiry is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland....
 to determine cause and culpability.

Serious crimes


For the most serious crimes, the case will not be directly prosecuted by the Procurator Fiscal. Instead, the case will be heard at the High Court of Justiciary
High Court of Justiciary

The High Court of Justiciary is the Supreme Courts of Scotland criminal justice of Scotland.The High Court is both a court of first instance and a court of appeal....
 and the prosecution will be made in the name of the Lord Advocate
Lord Advocate

Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolution powers of the Scottish Parliament....
 by an Advocate Depute.

Origins


The origin of the office is uncertain but, as the title suggests, the procurator fiscal may originally have been an officer of the sheriff with financial (fiscal) responsibilities. However, any such responsibilities had been eclipsed in the course of the eighteenth century by his duty as prosecutor in the sheriff court. In this capacity he gave concurrence in private prosecutions and prosecuted on behalf of the Crown
The Crown

Throughout the Commonwealth realms, the Crown is an abstract metonymy concept which represents the legal authority for the existence of any government....
. Until the end of the 18th century the fiscal was the sheriff's official and tenure of the office was at the pleasure of the sheriff, but with the decline of private prosecution the fiscal came to be regarded more and more as under the control of the Lord Advocate. From 1776 the government started to pay procurators fiscal to take precognitions and in 1907 the right of appointing procurators fiscal was transferred to the Lord Advocate.

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