Crown Office and Procurator Fiscal Service

To start criminal proceedings against a police officer the Area Procurator Fiscal must be satisfied that there is sufficient credible and reliable evidence and that proceedings would be justified in the public interest.

• A report is sent to Crown Counsel (the lawyers who prosecute the most serious cases in court) read the report and decide if criminal proceedings should be taken.

• If Crown Counsel decide that criminal proceedings are appropriate and in the public interest the Area Procurator Fiscal is instructed to commence proceedings.

  There are two types of proceedings. Most cases are dealt with in a summary trial. The second type is for more serious cases where a judge sits with a jury either in the Sheriff Court or in the High Court.

• If Crown Counsel decides that no proceedings should be taken, the complainer and the Deputy Chief Constable are notified of the decision.

In some cases, a complaint may also contain non-criminal allegations. If the Area Procurator Fiscal is not taking proceedings against the criminal part of the complaint the non-criminal parts of the complaint will be referred back to the Deputy Chief Constable to be dealt with.

Can I withdraw a complaint?

If you have made a complaint but then decide you do not wish to proceed with it, you can withdraw it. However, the Area Procurator Fiscal acts independently and may prosecute a case even if you do not wish proceedings to be taken.

Can I pursue a complaint?

If you're not happy with the way your complaint has been dealt with, or with the Area Procurator Fiscal's decision, you can make a complaint to COPFS.