Accessibility |

Lord Advocate's Guidelines - Page 5

Article Index


Lord Advocate's Guidelines

Lord Advocate’s Guidelines or prosecution policy and guidance is only published where its publication would not, or would not be likely to, prejudice substantially the prevention or detection of crime; the apprehension or prosecution of offenders; or the administration of justice. Prejudice may include allowing offenders to circumvent the law by restricting their offending to conduct which falls short of a prosecution threshold or, for example, a threshold which determines the prosecution forum.


pdfLord Advocate's Guidelines - Legal Professional Privilege

This document contains guidelines on material that may be subject to Legal Professional Privilege (LPP).
pdfLord Advocates Guidelines offences committed by children 

This document contains guidance to police officers in Scotland on the categories of offence which require to be jointly reported to the Procurator Fiscal and the Children’s Reporter

Revised Lord Advocate’s Guidelines on Liberation have been published to reflect the approach to be taken in the current circumstances.

pdfLord Advocate’s Guidelines - Liberation by the police COVID-19 or Coronavirus

These Lord Advocate’s Guidelines direct Police Scotland on the approach to take regarding individuals who are in Police custody having been arrested during the period of disruption caused by COVID-19 or Coronavirus.

These guidelines will be active from the 20th March 2020 until the end of the disruption, and will remain under review in order to respond to the changing circumstances. During this period these guidelines replace the Lord Advocate’s Guidelines on Liberation by the Police.

pdfLord Advocate's Guidelines - Investigation of Road Traffic deaths

This document contains guidance to the Chief Constable in the investigation and reporting of road traffic deaths.
pdfLord Advocate's Guidelines - Search and Seizure and Retention of Property

These Guidelines are issued by the Lord Advocate under Section 127R of Proceeds of Crime Act 2002. They are designed to ensure clarity for officers as to the exercise of the powers of search, seizure and retention and the circumstances in which the seizure of property requires to be reported to Crown Office Proceeds of Crime Unit (POCU).

New powers, set out in the Policing and Crime Act 2009, have been introduced in Scotland to provide for search, seizure and continued retention of property with a view to ensuring that property is available for confiscation at the conclusion of criminal proceedings.  The powers may be exercised whether or not a restraint order is in place. 
pdfProsecution Guidance in Relation to Same Sex Marriage13.35 KB

Crown Office and the Procurator Fiscal’s Service recognise the sensitivity of the issues and the strength of opinion surrounding same sex marriage
pdfExtension of Detention of Persons Arrested Under Section 41 and Schedule 8 of The Terrorism Act 200032.06 KB

These Guidelines provide guidance to the Police where consideration is being given to extend the period of detention / delay access to solicitor / question a suspect post-charge, under the Terrorism Act 2006. 
pdfIncidents and Sporting Events.20.97 KB

Lord Advocate Guidelines to Chief Constables regarding Incidents between sportmen during Sporting Event Especially those in front of large crowds or televised to the public.
pdfAntisocial Behaviour Orders - October 2004.15.97 KB

Guidance to Police about reporting of cases involving a breach of an Antisocial Behaviour order.
Lord Advocate's Guidelines on Offending at Football - June 2018 
This is a guide to the Act. The objective of the offences provided for in this Act is to tackle sectarian hatred and other offensive and threatening behaviour related to football matches and to prevent the communication of threatening material, particularly where it incites religious hatred.  
pdf Citation of Witnesses. 15.48 KB

Guidelines to Police on procedures to be followed in the citation of witnesses for attendance at court. 
pdfConduct of Visual Identification Parades - February 2007133.12 KB

"Identification Procedures" comprise of witnesses being given the opportunity to identify a suspect or accused persons visually in either a video identification parade, identification parade or related procedure.
pdfDriver Improvement Scheme - April 200731.81 KB

Guidelines to police regarding this scheme. The purpose of the scheme is to provide an alternative to prosecution for drivers charged with a contravention of the Road Traffic Act 1988, Section 3 (careless driving).
pdfEnforcement of soliciting and loitering offences by purchasers.36.43 KB

The Prostitution (Public Places) Scotland Act 2007 criminalises the act of a purchaser who attempts to engage in prostitution. These Guidelines are intended to provide guidance on the available enforcement options and prescribe minimum enforcement criteria
pdfInvestigation and Reporting of Racist Crime 2 - January 2002.81.72 KB

This consolidated document provides guidance to the police in relation to issues of reporting of racist crime.
pdfNew Generation Breath Test Devices22.91 KB

This guidance takes into account the amendment of section 7 of the Road Traffic Act 1988 and type approval of new generation breath test devices by the Secretary of State for Scotland on 18 August 2014.Please see also the letter from the Crown Agent to the Law Society of Scotland of November 2014 regarding the introduction of reduced Drink Drive limits on 5 December 2014 pdfLetter from the Crown Agent to the Law Society of Scotland44.4 KB
pdfOffences Aggravated by Prejudice.38.45 KB

Guidelines on Offences Aggravated by Prejudice Incorporating - Offences Aggravated by Religious Prejudice -  Offences aggravated by prejudice related to disability, Offences aggravated by prejudice related to sexual orientation or transgender identity.
pdfPolice and the media

Amended Guidelines issues 1983 - Regarding the communication with the Media and the possible contempt of court implications. 
pdfProviding Information on Vulnerable Adult Witnesses - March 2007. 146.27 KB

The Act aims to improve conditions for vulnerable witnesses by increasing the number of support measures available to help them participate more fully in criminal and civil proceedings. It also extends the definition of ‘vulnerable witness’ to include adult witnesses where there is a significant risk that the quality of their evidence will be diminished through fear or distress.
These guidelines are intended to provide assistance to police officers as to the approach to be taken, in the context of the UN Climate Change Conference of the Parties (COP26), in connection with the liberation of offenders by Police Scotland. They provide a framework within which police officers may exercise a degree of discretion as to the appropriate course of action in each case.

Guidelines issued by the Lord Advocate to the Chief Constable concerning liberation of offenders by police relating to the 26th UN climate change conference of the parties ("COP26") to be held 31 October 2021 – 12 November 2021