Guidelines and Policy
The briefing note has been put on the COPFS website in relation to the COPFS’ revised prosecution policy in relation to reluctant complainers in cases of rape and other serious sexual offending. This provides an overview of the policy and how it will be implemented, the background to and reasons for the introduction of the revised policy and our commitment to ongoing work, with criminal justice partners and others, to improve the justice response to violence against women and girls.
Victims' Right To Review - Please be aware that from 1 July 2015, you, as a victim of crime in Scotland, have the right to a review of a decision by us not to prosecute, made on or after 1 July 2015. You should if possible apply for a review within one month of the date you are informed of our decision not to prosecute. Generally you would be told of the review decision within 20 working days.
Guidance is now available to prosecutors on the approach to be taken to cases involving communications sent via social media. This categorises offences into those where, for public safety reasons, a strong presumption in favour of prosecutorial action applies and clarifies that for other communications a high threshold applies before prosecutorial action will be taken, recognising Convention rights to freedom of expression
New Guidance to assist prosecutors deal with cases involving a Transgender accused generally and specifically where it is alleged a transgender accused has committed a sexual offence involving non disclosure of their birth gender. Further information on the Transgender community can be accessed at: www.scottishtrans.org
The Code of Practice provides guidance in relation to the disclosure of evidence in criminal proceedings. Police forces, prosecutors and other investigating agencies, as prescribed by regulations, must have regard to the code in carrying out their functions in relation to the investigation, reporting and prosecution of crime and sudden deaths.
Disclosure of material in cases which are indicted or expected to be indicted in the High Court
COPFS Cultural Awareness Guide regarding Faith and religion, Culture and Traditions, Festivals and Holy days, Communication and History.
This booklet has been created to provide guidance to expert witnesses concerning the role of an expert witness and also about their obligations in relation to disclosure.
The Crown is commited to encouraging good corporate governance and to creating a corporate culture in which bribery is not hidden. As such the Lord Advocate has approved an initiative for businesses to “self-report” bribery offences. This is a "self-reporting" guide.
The Crown in Scotland is obliged to disclose all relevant and material evidence to the defence. This duty arises from Article 6 of the European Convention on Human Rights. To ensure that the Crown can comply with its disclosure obligations, all agencies who report cases to the Crown must comply with obligations to disclose relevant and material information to the Crown. See also: Annex A - Example Schedule (Doc)
This booklet is for victims and prosecution witnesses, but it will also be useful for parents of child witnesses, carers of witnesses with extra needs and family members in cases involving death.
This policy provides general guidance on the approach which should be adopted when deciding whether to obtain personal records as part of the COPFS investigation.
Prosecution policy for cases involving the intentional or reckless transmission of, or exposure to, sexual infection. The policy aims to provide guidance to prosecutors and to the public in general about this area of the law.
The aim of this publication is to provide advice for specialist reporting agencies which will enable them to contribute effectively to achieving an outcome in reported cases which best serves the public interest.
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The Crown Office and Procurator Fiscal Service Greening Government Policy is to ensure continuous environmental improvement by reducing the impact of our operations on the environment.
This Prosecution Code sets out the criteria for decision making and the range of options available to prosecutors dealing with reports of crime.
The Crown Office and Procurator Fiscal Service (COPFS) take crimes of rape and sexual offences extremely seriously. We are committed to ensuring that all such cases are investigated thoroughly and sensitively and prosecuted appropriately, where there is sufficient credible and reliable evidence and it is in the public interest.
Many SRAs use a secure e-mail system, allowing the transmission of Standard Prosecution Reports (SPR) and
ancillary documents over secure communication lines.