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The Crown Office and Procurator Fiscal Service (Scottish Gaelic: Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin) is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is ...
The office most likely originates in the Roman-Dutch and French manorial or seignorial administrator (Dutch: procurator-fiscaal, French: procureur fiscal), who, as the fiscal in the title suggests, was originally an officer of the sheriff (the local law enforcement officer and judge) with financial (fiscal) responsibilities: the procurator fiscal collected debts, fines, and taxes.
The Lord Advocate serves as the ministerial head of the Crown Office and Procurator Fiscal Service, and as such, is the chief public prosecutor for Scotland with all prosecutions on indictment being conducted by the Crown Office and Procurator Fiscal Service in the Lord Advocate's name on behalf of the Monarch. The Lord Advocate serves as the ...
The most frequent devolution issues raised related to Article 6 of the European Convention on Human Rights, which mandates the right to a fair trial, and the role of the Lord Advocate who is both the chief public prosecutor and a member of the Scottish Government.
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The Scotland Act 1998 allows for the amendment of both the Lord Advocate and Solicitor General for Scotland's post and functions which would allow the Scottish Government to separate the roles of both prosecutor and the principal government adviser between the two law officer posts – the Lord Advocate and the Solicitor General for Scotland ...
Right to complain to the Scottish Legal Complaints Commission (SLCC) [ edit ] If a solicitor refuses to undertake precognition interviews for the defence of the case the accused has a right to complain to the Scottish Legal Complaints Commission.
[2] The Scottish Executive Justice Department (SEJD) became part of the directorate. The Cabinet Secretary for Justice was Kenny MacAskill, and he has responsibility for criminal justice, police, fire and rescue, courts and civil law in Scotland.