Crown Office and Procurator Fiscal Service

How does the process work?

• The police (or other
  Specialist Reporting Agencies, eg. Customs and Excise) carry out an initial crime investigation and submit a report to the local Procurator Fiscal

• The Procurator Fiscal considers this report and decides whether to take any action in relation to this case. This decision is taken in the
  public interest

• 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, eg. to prosecute, offer a direct measure (such as a fiscal fine) or to take no action in the case. The Procurator Fiscal considers a
  number of factors in coming to this decision.

• In cases which will be considered by a jury, the Procurator Fiscal will interview witnesses and gather and review the forensic and other evidence before a decision to prosecute is taken. S/He will then make a report to Crown Counsel to take a decision on whether to prosecute.