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Prosecution guidance

Guidance for legal professionals about how COPFS makes prosecution decisions and how we work with partner organisations. Plus, guidelines for the police.

  1. Lord Advocate's guidelines: Investigation of road traffic deaths

    Lord Advocate's guidelines for the chief constable on the investigation by the police of road traffic deaths.

    Lord Advocate's guidelines Published: 01 Aug 2002
  2. Lord Advocate's guidelines: Offences aggravated by prejudice

    Lord Advocate's guidelines on offences aggravated by prejudice including guidance on investigation and reporting of crime, custody and undertakings.

    Lord Advocate's guidelines Published: 01 Mar 2010
  3. Lord Advocate's guidelines: Police and the media

    Guidance on police communication with the media, possible contempt of court implications and guidance on giving statements to the media during an investigation.

    Lord Advocate's guidelines Published: 01 Jan 2018
  4. Lord Advocate's guidelines: Supply of naloxone during COVID-19 pandemic

    Lord Advocate's guidelines to police providing a statement of prosecution policy in relation to the supply of naloxone during the COVID-19/Coronavirus pandemic.

    Lord Advocate's guidelines Published: 01 Jun 2020
  5. Lord Advocate's guidelines: Visual identification procedures

    Lord Advocate's guidelines to the police on using visual identification parades to identify suspects.

    Lord Advocate's guidelines Published: 01 Feb 2007
  6. Lord Advocate’s guidelines: Detention, treatment and questioning of persons under terrorism legislation

    Guidance to police regarding extension of the period of detention/delayed access to solicitor/questioning a suspect post-charge, under the Terrorism Act 2006.

    Lord Advocate's guidelines Published: 22 Mar 2022
  7. Lord Advocate’s guidelines: Driver improvement scheme

    Lord Advocate’s instructions to chief constables on policing the driver improvement scheme.

    Lord Advocate's guidelines Published: 01 Apr 2007
  8. Lord Advocate’s guidelines: Legal Professional Privilege

    Guidelines to the police on material that may be subject to Legal Professional Privilege (LPP).

    Lord Advocate's guidelines Published: 01 Dec 2019
  9. Lord Advocate’s guidelines: Liberation by the police during COVID-19

    Guidelines on the approach to take regarding individuals in Police custody having been arrested during the period of disruption caused by COVID-19 (Coronavirus)

    Lord Advocate's guidelines Published: 20 Mar 2020
  10. Lord Advocate’s guidelines: Offences committed by children

    Lord Advocate’s guidelines to police on the reporting to COPFS of offences alleged to have been committed by children.

    Lord Advocate's guidelines Published: 01 Mar 2014