About

Deciding whether to prosecute

Where there is enough evidence in the case, the Procurator Fiscal will considers a number of additional factors when deciding whether criminal proceedings should take place. These are set out in full in our Prosecution Code, but include:

  • Seriousness of the offence

  • Length of time since the offence took place

  • Interests of the victim and other witnesses

  • Age of the offender, any previous convictions and other relevant factors

  • Local community interests or general public concern

  • Any other factors at his discretion, according to the facts and circumstances of the case

Reasons for decisions:

Victims 

Where a Procurator Fiscal decides to take no criminal proceedings in a case or to accept an adjusted plea of guilty, the victim can ask for an explanation of the decision and this will be provided.

 
Accused persons 
It is not the policy of the Crown Office and Procurator Fiscal Service to automatically inform accused persons where a decision is taken not to take court action.
It is, however, open to an accused person who has been reported for alleged offences to contact the Procurator Fiscal’s office, either directly or through their lawyer, to enquire as to the decision of the Procurator Fiscal