Procurators Fiscal
Procurators fiscal were mentioned in the records of the Parliament of Scotland for 22 Aug 1584.[1] They were appointed by sheriffs and they collected fines and assisted the sheriff in criminal proceedings. Under the Sheriff Courts (Scotland) Act 1876, they became responsible for prosecuting criminal matters, but in practice they appear to have been prosecutors in the sheriff courts from at least 1701.[2] Under the Sheriff Courts (Scotland) Act 1907 the right of appointment was removed from sheriffs and given to the Lord Advocate, and under the Sheriff Court and Legal Officers (Scotland) Act 1927 all fiscals were to be paid from central government funds.[3] Most fiscals were then barred from holding any other office or doing any other legal work, but of those already in post, about one third were part-time and permitted to continue in private practice,
Procurators fiscal determine whether a case should be prosecuted or not; and also decide whether to use summary or solemn procedures (that is, with a sheriff alone or with a full trial with jury of 15). They investigate all sudden, unexpected or suspicious deaths, present evidence at all fatal accident inquiries, investigate all fires and explosions where there is substantial damage or suspicious circumstances, investigate ultimus haeres estates (where there is no known heir, and the estate therefore falls to the Crown as the ultimate heir) and provide legal advice to the police and government departments.
Under the Police (Scotland) Act 1967 the police have a duty to report to the appropriate prosecutor and comply with the lawful instructions of the appropriate prosecutor.[4]
Compiler: Elspeth Reid (2024)
Related Knowledge Base entries
Procurators Fiscal records and Fatal Accident Inquiries
Bibliography
Moody, Susan R., and Jacqueline Tombs, Prosecution in the Public Interest (Scottish Academic Press, 1982)
References
[1] Ratification of the decreet arbitral between the merchants and craftsmen of Edinburgh, 22 Aug 1584. The Records of the Parliaments of Scotland to 1707, ed. by K.M. Brown and others (University of St Andrews, 2007-2021), 1584/5/100 <http://www.rps.ac.uk/trans/1584/5/100> [accessed 3 Apr 2024].
[2] Sheriff Courts (Scotland) Act 1876 (39 & 40 Vict. c. 70); Susan R Moody and Jacqueline Tombs, Prosecution in the Public Interest (Scottish Academic Press, 1982), p.18.
[3] Sheriff Courts (Scotland) Act 1907 (7 Edw. VII c. 51); Sheriff Court and Legal Officers (Scotland) Act 1927 (17 & 18 Geo. V c. 35).
[4] Police (Scotland) Act 1967 (c.77) s. 17.