What is a Procurator Fiscal in Scotland?

The Procurators Fiscal (and Procurators Fiscal Depute) prosecute all criminal cases in the sheriff courts. In addition to their role in prosecuting crime the Procurator Fiscal has a responsibility to investigate all sudden, suspicious, and unexplained deaths in Scotland.

How do I become a Procurator Fiscal in Scotland?

Education and Training A three-year pre-diploma training contract with a Scottish solicitor, followed by passing exams from the Law Society of Scotland. A two-year post-diploma training contract with a practising solicitor (this could be through a Legal Traineeship with the Crown Office and Procurator Fiscal Service).

What does Procurator Fiscal release mean?

In taking this decision, the Procurator Fiscal will consider if there is sufficient evidence in the case. If there is sufficient evidence, the Procurator Fiscal will then decide what action is appropriate, for example, to prosecute, offer a direct measure (such as a fiscal fine) or to take no action in the case.

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How long does the Procurator Fiscal in Scotland have?

Although s136 of the Criminal Procedure ( Scotland ) Act 1995 removes the 6 month time limit (ie from date of offence to commencement of proceedings) for the majority of HSW cases, it must be remembered that it still applies to those offences which are only triable summarily, such as obstruction type offences under s33

What is a judge called in Scotland?

In relation to the judiciary, this title (often shortened to Hon) is given to judges who sit in the Supreme Courts in Scotland. Such a judge is referred to as The Honourable Lord/Lady followed by their surname, for example, The Honourable Lord Smith.

Can you refuse to be a witness in Scotland?

A. If you have received a witness citation, you must attend. All witnesses must give evidence in court rather than have their statements read out. Failing to attend may result in a warrant being issued for your arrest.

What qualifications do you need to be a Procurator Fiscal?

Getting In

  • All Procurators Fiscal are qualified solicitors.
  • For entry to the LLB degree, you need Highers or Advanced Highers at A or B.
  • If you apply to the University of Glasgow to study law you have to sit the National Admissions Test for Law (LNAT).

What is a fiscal depute?

A Procurator Fiscal Depute takes decisions on criminal proceedings, conducts courts and works closely with the police and other criminal justice partners.

How much does a procurator fiscal earn Scotland?

The pay scale for this qualified candidate training grade is £30,098 in the first year, rising to £31,256 in the second year. Upon successful completion of the accreditation programme they will be placed on the main scale for Procurators Fiscal Depute which progresses from £39,000 to £47,297 per annum.

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What happens if you are reported to the procurator fiscal?

The procurator fiscal is responsible for the investigation of crimes. They ‘ll decide whether there should be a prosecution. The procurator fiscal will consider the case. If there’s enough evidence the accused will be prosecuted and the case will go to court.

How does bail work in Scotland?

A Bail Undertaking in Scotland: How it Works A bail undertaking is usually issued to the accused by the Police. This will usually involve the accused being taken to the police station, being charged then released after agreeing to attend a hearing on a given day at a given time.

What does Fiscal mean?

(Entry 1 of 2) 1: of or relating to taxation, public revenues, or public debt fiscal policy the city’s fiscal requirements. 2: of or relating to financial matters fiscal transactions.

Do you have to give the police your name in Scotland?

You must provide your name, date of birth, address and nationality when asked to do so by a Police officer. If you are under 16 a parent, guardian or carer will be told that you are in Police custody and they will be allowed to visit you.

Can charges be dropped before trial Scotland?

The charges may change before the trial takes place, depending on the evidence which the prosecution finds. It is also possible for the charges to be dropped before the trial, again depending on the evidence.

What happens at a plea hearing Scotland?

A Preliminary Hearing can be considered to be a pre-trial hearing. When the case calls in court the accused will be present and will require to enter a plea to each charge – either guilty or not guilty. If the Defence has defence witnesses that they wish to give evidence at the trial, the court must be advised of this.

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