Prosecution Timeline
Below is an example of the time-scale in a typical murder case. The timing and the events illustrated will depend on the unique circumstances of each case.
When the body of the victim is discovered, at any time of the day or night, the Procurator Fiscal (PF) immediately attends at the scene of the murder to provide advice and oversee the collection of evidence. The PF also arranges, attends and supervises the post-mortem examination.
When the suspect is arrested, the PF receives the police report and after careful examination of the evidence gathered so far, drafts the petition. As soon as the accused has appeared in court and been remanded in custody, the PF must prepare and serve a custody statement.
The Department has eight days to complete initial enquiries. The PF instructs necessary further enquiries and identity parades to be held, and requests full statements. Arrangements are also made to have the accused examined by a psychiatrist. Following judicial examination, statements are reviewed and the PF prepares a report for Crown Office seeking authority to have the accused fully committed.
Eight days after the first appearance, the accused is brought back to court, fully committed and the time limits for proceedings start running.
Day 1 Papers returned from Court. Police instructed to investigate any defence put forward at judicial examination.
Day 2 Papers passed to PF to consider preliminary work.
Day 3-5 Medical records and forensic, fingerprint, ballistics and firearms reports requested. Police instructed to lodge productions and any additional evidence/statements of witnesses. Instructions given to make transcripts of tapes of police interviews of accused. Case considered by PF who provides detailed instruction to precognition officer on areas where evidence or law is difficult, sensitive or complex.
Day 6 Papers passed to precognition officer who allocates dates for precognition (interview) of witnesses.
Day 7-10 Citations sent to witnesses.
Day 14-35 Precognition of witnesses. Some fail to attend and are re-cited. Some are not found. Special arrangements made to precognosce vulnerable witnesses, such as children, elderly or infirm people, and people who feel intimidated. Productions may be available at precognition. Some still at laboratory for scientific examination and some witnesses must be re-precognosced. Expert witness reports, such as the post-mortem or forensic science reports received and experts precognosced. PF instructs police to carry out further enquiries.
Day 36-40 Documents and productions checked and numbered. Lists of productions and labels completed. Precognition on oath of reluctant witnesses before Sheriff. Interviews with next of kin. Discussions with defence and necessary enquiries into evidence of defence witnesses.
Day 41-45 Charges and statement of uncontroversial evidence drafted. History of accused and case, summary of case and recommendations dictated. Whole case, including productions collated as a dossier, known as 'the precognition'.
Day 46-50 Whole case reviewed by PF, sent to Crown Office.
Day 51-52 Case considered by Crown Counsel and instructions given.
Day 53-60 Case reviewed at Crown Office by High Court Unit. Final charges drafted, productions checked. Instructions on additional work required sent to PF.
Day 61 Draft indictment and letter sent to PF.
Day 62-66 Draft revised by PF. Where possible, questions raised by Crown Office answered. Any additional witnesses and productions added to draft indictment. Draft returned to Crown Office.
Day 67-68 Indictment printed, sent to PF for service on accused.
Day 69-79 Indictment sent to police to serve on accused by 80th day. PF continues with further enquiries.
Day 80-100 Late arriving expert reports received and precognition of expert witnesses. Precognition of defence witnesses. Applications for the evidence of child witnesses to be given by closed circuit television link. Additional witnesses and productions added where further enquiries have indicated that they are necessary.
Day 101-105 Papers passed to Advocate Depute who is to prosecute in this case.
Day 110 Preliminary hearing must be commenced by 110th day.
Day 140 Trial must start by today.
If the 140 day limit in High Court cases, or 110 day limit in Sheriff court cases is not met, the accused is entitled to be released on bail and thereafter the time limits for bail cases apply. The trial would require to be commenced within 12 months (and, in cases proceeding in the High Court, the Preliminary Hearing must be within 11 months). If the bail time limits are not met then the case will fall and the accused will be for all time free from further prosecution in relation to that matter.