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The procurator fiscal was appointed under the Lyon King of Arms Act (1867) by the Lord Lyon, but since the Convention Rights (Compliance) (Scotland) Act (2001), by the Scottish Government. [ 26 ] If any rule concerning a coat of arms – also known as "an achievement" – is broken, the procurator fiscal, as the independent official prosecutor ...
The history of the procurator fiscal is similarly difficult to set down with exactness, though the role has developed significantly over time. The first documentary reference appears in the Records of the Parliament of Scotland for 22 August 1584, naming several procurators fiscal in Edinburgh.
The Crown Office and Procurator Fiscal Service is headed by the Lord Advocate and the Solicitor General for Scotland, and is the public prosecution service in Scotland. It also carries out functions which are broadly equivalent to the coroner in common law jurisdictions. Incorporated within the Crown Office is the Legal Secretariat to the Lord ...
The statutory basis for making recommendations was established by the Scottish Parliament through Sections 9 to 27 of the Judiciary and Courts (Scotland) Act 2008 (as amended by the Courts Reform (Scotland) Act 2014). The 2008 Act established the requirements for making appointments of permanent, temporary and part-time judges. [10] [67]
Like the Lord Advocate, the Solicitor General is a member of the Scottish Government and one of the Law officers of the Crown in Scotland. The Solicitor General is a member of the Crown Office and Procurator Fiscal Service, and may be instructed by the First Minister to investigate matters on their behalf rather than the Lord Advocate. [9]
The law officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland, Scotland and Wales.They are variously referred to as the Attorney General, Solicitor General, Lord Advocate, or Advocate General depending on seniority and geography – though other terms are also in use, such as the Counsel General for Wales.
The subsequent statement is generally inadmissible as evidence in the trial, [3] but it allows the procurator fiscal, advocate or solicitor in Scotland to appear before the Courts of Scotland knowing what evidence each witness is likely to present.
The Crown Office and Procurator Fiscal Service (COPFS) provides independent public prosecution of criminal offences in Scotland (as the more recent Crown Prosecution Service does in England and Wales) and has extensive responsibilities in the investigation and prosecution of crime.