The revised Code came into effect on 22 June 2026 and is published on the Crown Office and Procurator Fiscal Service website.
The update ensures that prosecutors continue to have a decision-making framework which reflects the current legal landscape and is aligned with the approach taken in other jurisdictions.
It reinforces transparency and accountability in prosecutorial decision-making and is intended to support consistency in decisions.
The previous Code provided for a two-stage prosecutorial test, based on whether there was sufficient corroborated evidence of the commission of a crime and the identity of the accused, and whether prosecutorial action was in the public interest.
Under the revised Code, the evidential test will include both legal sufficiency of evidence and whether there is a realistic prospect of conviction.
The public interest test will remain.
The realistic prospect test means that, where there is a legal sufficiency of evidence, the prosecutor must be satisfied that an objective, impartial and reasonable jury, sheriff, or justice of the peace, properly directed and acting in accordance with the law, is more likely than not to convict the accused.
COPFS has carried out training for staff and engagement with partner organisations to raise awareness and support understanding of the revised test.