procurator fiscal - Prosecution of crimes, Origins

A public offical in Scotland who, acting on behalf of the Lord Advocate, is responsible for initiating and pursuing the prosecution of crimes and offences, reported to them by the police, in the sheriff court and the district court. The ‘fiscal’ is also responsible for reporting serious crimes to the Crown Office, which may merit prosecution in the High Court, as well as for investigating all cases of sudden, accidental, or suspicious deaths and for initiating fatal accident inquiries.

A procurator fiscal is the local public prosecutor in Scotland.

For the majority of crimes in Scotland the procurators fiscal present cases for the prosecution in the Sheriff and District Courts, and the case for the defence is presented either by the accused, a solicitor or an advocate.

Prosecution of crimes

The Procurator Fiscal makes preliminary investigations into criminal cases, takes written statements from witnesses (known as precognition) and is responsible for the investigation and prosecution of crime.

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. 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.