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45-458: For the majority of crimes in Scotland, the procurators fiscal present cases for the prosecution in the sheriff and justice of the peace courts (and formerly district courts ), and the case for the defence is presented either by the accused, a solicitor , or an advocate . The solicitor will work for a firm of solicitors, or in certain areas of Scotland could be a public defender working for

90-477: A grand jury (in contrast to a summary offence ). A similar concept in the United States is known as a felony , which for federal crimes, also requires an indictment. In Scotland , which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. In Australia, an indictable offence is more serious than

135-624: A sheriff court . An inquiry must be held for all deaths in custody and fatal accidents, with other accidental deaths subject to inquiry at the discretion of the procurator fiscal. For the most serious crimes, the case will not be directly prosecuted by the procurator fiscal. Instead, the case will be heard at the High Court of Justiciary and the prosecution will be made in the name of the Lord Advocate by an Advocate Depute . There are eleven procurators fiscal in Scotland, each covering

180-572: A summary offence , and one where the defendant has the right to trial by jury . They include crimes such as murder , rape , and threatening or endangering life. The system is underpinned by various state and territory acts and the Commonwealth Crimes Act 1914 . In South Australia , New South Wales , and Queensland , indictable offences are further split into two categories: major indictable offences (including murder , rape , and threatening or endangering life) are heard in

225-603: A geographical area or jurisdiction with a central office. Outside Strathclyde , these areas typically correspond with constabulary areas for the former territorial police forces in Scotland . They are (with areas in Strathclyde marked with an asterisk): A procurator fiscal is appointed to the Court of the Lord Lyon , which is a civil and criminal court dealing with Scottish heraldry and genealogy in Scotland. This Court

270-467: A monetary value up to £ 100,000, and with the jurisdiction to hear any criminal case except treason , murder , and rape , which are in the exclusive jurisdiction of the High Court of Justiciary . Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery , drug trafficking , and sexual offences involving children , the vast majority of these cases are heard by

315-481: Is a judge who is usually assigned to work in a specific court, although some work as "floating sheriffs", who may work anywhere in Scotland. There are about 140 full-time sheriffs in the various courts and a number of part-time sheriffs. They are appointed on the recommendation of the Judicial Appointments Board for Scotland . Until 1999, there were also "temporary sheriffs" who were appointed by

360-676: Is not required, as they may also proceed on information or complaint. Different states have different policies; since the requirement of an indictment by grand jury is not incorporated against the states , in many states, an indictment is not required for a felony case to proceed. However, some states do still use grand jury indictments for felony-level offenses and may use other terminology. For instance, in New Jersey , whose constitution requires all "crimes" to be charged by indictment but allows lesser "offenses" not to be, felony-level offenses are commonly called "indictable offenses", including in

405-477: Is referred to in 1457. Such an officer appears to have emerged first in the ecclesiastical courts. In the St Andrew's Formulare of 1514, there is reference to an episcopal appointment of a man as procuratorem et advocatum nostrum fiscalem in all the bishop's causes, spiritual, civil and criminal, with wide powers; it contains a reference also to power which attaches ex officio procuratoris fiscalis . He

450-606: Is unique to Scots culture, where heraldry plays an important role, particularly in relation to the clan system . Registration of a coat of arms requires a fee paid to the Crown, and the coat must adhere to specific rules concerning shape, colour, and imagery. 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

495-501: The Court of Session is Scotland's supreme civil court. Any final decision of a Sheriff may be appealed. On 1 January 2016 the right of appeal to the Sheriff Principal was abolished and instead an appeal lies to the newly created Sheriff Appeal Court . All Criminal decisions were formally appealed to the High Court of Justiciary , but as of 22 September 2015 appeals in summary cases and appeals against bail decisions go to

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540-705: The Criminal Law Act 1977 . Similarly in New Zealand, a rape or murder charge will be tried at the High Court , while less serious offences such as theft will be tried at the District Court . However, the District Court can hold both jury and summary trials. In the United States, federal felonies always require an indictment from a grand jury before proceeding to trial. In contrast, while misdemeanors may proceed to trial on indictment, this

585-486: The Criminal Procedure Act 1701 . In this capacity, procurators fiscal gave concurrence in private prosecutions and prosecuted on behalf of the Crown . The Sheriff Courts (Scotland) Act 1867 gave procurators fiscal full responsibility in law for prosecution of all criminal acts in Scotland. Originally the fiscal was the sheriff's official and tenure of the office was at the pleasure of the sheriff. With

630-624: The Public Defence Solicitors' Office . The procurator fiscal has the discretion not to prosecute and pursue alternatives free from political interference, but is always subject to the directions of the Crown Office and the Lord Advocate . The office most likely originates in the Roman-Dutch and French manorial or seignorial administrator ( Dutch : procurator-fiscaal , French : procureur fiscal ), who, as

675-677: The Review accepting "the majority of Lord Gill's recommendations" including expressly the following proposals: In October 2011, the Scottish Government announced consultation on appointments to a new Scottish Civil Justice Council to draft rules of procedure for civil proceedings in the Court of Session and sheriff court. The establishment of the Council was one of Lord Gill's 2009 recommendations. The new Scottish Civil Justice Council

720-583: The Scottish Government . If any rule concerning a coat of arms – also known as "an achievement" – is broken, the procurator fiscal, as the independent official prosecutor of the court, determines whether to initiate criminal proceedings. Sheriff court A sheriff court ( Scottish Gaelic : Cùirt an t-Siorraim ) is the principal local civil and criminal court in Scotland , with exclusive jurisdiction over all civil cases with

765-766: The Sheriff Appeal Court . The Sheriff Appeal Court can refer a point of law to the High Court of Justiciary . The Courts are staffed by civil servants who are employed by the Scottish Courts and Tribunals Service which is a non-ministerial government department whose corporate board is chaired by the Lord President of the Court of Session , and is independent of the Scottish Ministers . The Scottish Courts and Tribunals Service publishes an online map, lists of Sheriffs, and

810-424: 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. A procurator-fiscal is a procurator or court representative connected with the fisc or Treasury, and hence with the collection of fines or dues. In official records, a king's procurator-fiscal

855-468: The High Court of Justiciary for permission ('to pass the bill') to prosecute; akin to private prosecution in other jurisdictions. The last successful bill passed was in 1982 and previous to that, in 1909. Until 1987, the PF's discretion only extended to the degree to which they should prosecute, if at all; there were no alternatives to prosecution. The Criminal Justice (Scotland) Act 1987 gave procurators fiscal

900-502: The High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge , and part of the judiciary of Scotland . Sheriff courts hear civil cases as a bench trial without a jury, and make determinations and judgments alone. However, the specialist all-Scotland Sheriff Personal Injury Court (based in Edinburgh ) has

945-653: The King's justice in his county in the Sheriff Court. The hereditary sheriff later delegated his judicial functions to a trained lawyer called a sheriff-depute. The Heritable Jurisdictions (Scotland) Act 1746 abolished the office of hereditary sheriff and the sheriff-depute soon became sheriff principal . At first, only the sheriff of the Lothians and Peebles (who sat at Edinburgh) and the sheriff of Lanarkshire (who sat at Glasgow) were full-time appointments. Since

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990-541: The Sheriff Appeal Court with appeals from Solemn cases going to the High Court of Justiciary. In 2009 Lord Gill, the Lord Justice Clerk, delivered his Scottish Civil Courts Review which was heralded as the "most far-reaching reform of Scotland's civil justice system in nearly two centuries". Among his 206 proposals were: In November 2010 the Scottish Government released its response to

1035-513: The Sheriff sits with a jury of fifteen ; or summary procedure , where the sheriff sits alone in a bench trial . From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months imprisonment and/or a £ 10,000 fine , and in solemn cases 5 years imprisonment or an unlimited fine. Since 2017, appeals against conviction and sentence from the justice of the peace and sheriff courts in summary procedure are remitted to

1080-456: The ability to hear cases with a jury of twelve . Sheriff courts hear criminal trials on complaint as a bench trial for summary offences , and as a trial with a jury of fifteen for indictable offences . Where a person is convicted following a case heard on complaint they can be sentenced to a maximum of twelve months imprisonment and/or a £ 10,000 fine , and in solemn cases , 5 years imprisonment or an unlimited fine. Judgments of

1125-501: The available sentencing power of two years' detention is adequate to punish the offender if found guilty. See section 64 of the Criminal Law Act 1977 . Grand juries were abolished in 1933. Some offences such as murder and rape are considered so serious that they can only be tried on indictment at the Crown Court where the widest range of sentencing powers is available to the judge . The expression indictable-only offence

1170-437: The crime and can include life in prison. There are minimum penalties for some indictable offences. In relation to England and Wales, the expression indictable offence means an offence which, if committed by an adult, is triable on indictment , whether it is exclusively so triable or triable either way ; and the term indictable , in its application to offences, is to be construed accordingly. In this definition, references to

1215-588: The decline of private prosecution the fiscal came to be regarded more and more as under the control of the Lord Advocate . In 1776 the government started to pay procurators fiscal to take precognitions and in 1907 the right of appointing procurators fiscal was transferred to the Lord Advocate, and in 1927 procurators fiscal became full-time civil servants. Procurators fiscal make preliminary investigations into criminal cases, take written statements from witnesses (known as precognition ) and are responsible for

1260-478: The early days of the Scottish monarchy. Generally, one of the more powerful local lords in each county was appointed and the office became hereditary in his family. The original purpose of the sheriff was to exercise and preserve the King's authority against the rival powers of the local lords and the sheriff became the local representative of the King in all matters, judicial and administrative. The sheriff dispensed

1305-545: The executive year by year and only sat for particular days by invitation; this class of sheriff was abolished as being inconsistent with judicial independence (contrary to article 6 of the European Convention on Human Rights ) following the decision of the High Court of Justiciary in Starrs v Ruxton . The sheriff courts are the main criminal courts. The procedure followed may either be solemn procedure , where

1350-445: The facts suggest that the sentencing powers of a magistrates' court would be inadequate to reflect the seriousness of the offence. In relation to some indictable offences, for example criminal damage, only summary trial is available unless the damage caused exceeds £5,000. A youth court has jurisdiction to try all indictable offences with the exception of homicide and certain firearms offences, and will normally do so provided that

1395-503: The investigation and prosecution of crime. This includes the power to direct the police in their investigation, but except for serious crimes such as murder the police normally complete their enquiries before involving the procurator fiscal. Under solemn High Court procedure, once someone has been charged with an offence and remanded in custody, the Crown must bring the case to a preliminary hearing within 110 days. The procurator fiscal has never been obliged to prosecute and can choose

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1440-399: The level at which to prosecute (either through solemn or summary procedure). The defendant has no right to choose a jury trial , nor can a victim on their own decide to press charges, as the decision on whether to try by jury or summarily belongs to the prosecutor. There is a very exceptional mechanism however, called a bill for criminal letters , where a victim of a crime can petition

1485-429: The part-time sheriff-depute was not compelled to reside within his sheriffdom and could carry on his practice as advocate, it became common for a depute to appoint a sheriff-substitute who acted in his absence. Over time, the judicial duties of the depute were entirely assumed by the substitute and the depute became a judge of appeal from the decisions of his substitute. The Sheriff Court (Scotland) Act 1870 combined

1530-403: The police are under a legal obligation to comply with the directions of the procurator fiscal in matters concerning the investigation of crime, since the fiscal was himself once an investigator and so did the same job. In the course of the 18th century, the duties of a procurator fiscal to collect taxes and other dues were eclipsed by his duty as prosecutor in the sheriff court with the passage of

1575-470: The power to offer fixed penalties instead of prosecution (a fiscal fine ), at the time limited to a maximum of £25 and subsequently increased to £300. Since then these options have expanded to giving a warning, fiscal fines, compensation orders , work orders , road traffic fixed penalties or diversion from prosecution into social work , psychological counselling or psychiatric treatment . All suspicious, sudden and accidental deaths must be reported to

1620-450: The procurator fiscal, and they have a responsibility to identify if any criminal action has occurred and, where appropriate, prosecute. Where a criminal offence is suspected to have occurred the procurator fiscal will instruct the local police to investigate. Fatal accidents can be subject to a fatal accident inquiry , a form of judicial inquiry akin to an inquest but conducted without a jury . Fatal accident inquiries are conducted in

1665-691: The rules of the court under different procedures. There are six sheriffdoms in Scotland, each with a sheriff principal . Within each sheriffdom are sheriff court districts, each with a court presided over by one or more sheriffs. The most senior civil servant in each Court is the sheriff clerk and he or she is charged directly with the management of the Court. The Sheriffdoms are Glasgow and Strathkelvin, Grampian, Highland and Islands , Lothian and Borders , North Strathclyde , South Strathclyde, Dumfries and Galloway , and Tayside Central and Fife . As of 1 February 2015, there are 39 Sheriff Courts in Scotland. Some, in rural areas of Scotland, are small due to

1710-482: The sheriff courts in criminal offences handled through summary procedures , and civil cases handled through small claims and summary process, can be appealed to the Sheriff Appeal Court . Criminal offences heard on indictment through solemn procedure are appealed to the High Court of Justiciary . Other civil actions are appealed to the Inner House of the Court of Session . The office of sheriff dates from

1755-640: The sparse population. Courts such as those in the cities of Edinburgh and Glasgow have a large number of staff and can in one day deal with hundreds of cases. Glasgow Sheriff Court , for example, is the busiest Court in Europe. Sheriff Courts are above local Justice of the Peace Courts who deal with very minor offences and below the Supreme Courts. The High Court of Justiciary deals with serious criminal matters, such as murder, rape and treason, and

1800-536: The state's Supreme Court, while minor indictable offences are heard in the District Court. In South Australia, minor indictable offences are generally heard in magistrates courts , although the defendant may elect to be heard in the District Court. In Canada, an indictable offence is a crime that is more serious than a summary offence . Examples of indictable offences include theft over $ 5,000, breaking and entering, aggravated sexual assault, and murder. Maximum penalties for indictable offences are different depending on

1845-481: The thirty counties of Scotland into fifteen sheriffdoms. Until 1877, the sheriffs-substitutes were appointed by the sheriffs-deputes; after 1877, that right was reserved to the Crown. The civil procedure before the Sheriff Court underwent a major overhaul with the enactment of the Sheriff Courts (Scotland) Act 1907 . The legal cases which are heard within the courts are dealt with by a sheriff . A sheriff

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1890-542: The way or ways in which an offence is triable are to be construed without regard to the effect, if any, of section 22 of the Magistrates' Courts Act 1980 on the mode of trial in a particular case. An either-way offence allows the defendant to elect between trial by jury on indictment in the Crown Court and summary trial in a magistrates' court . However, the election may be overruled by the magistrates' court if

1935-468: Was assigned the duty of seeking out and prosecuting delinquents and disobedient people. In the mid-16th century, Cardinal Beaton had two procurators-fiscal. At this stage, it appears clear that a procurator-fiscal was competent in civil, criminal and spiritual causes. These duties of looking for and then prosecuting people may be the forerunner of policing in Scotland, which was established very considerably later (in 1800). This may explain why, in Scotland,

1980-607: Was defined by section 51 of the Crime and Disorder Act 1998 , as originally enacted, as an offence triable only on indictment. Sections 51 and 52 of, and Schedule 3 to, that Act abolished committal proceedings for such offences and made other provisions in relation to them. When the accused is charged with an indictable-only offence, he or she will be tried in the Crown Court. The rules are different in England and Wales in respect of those under 18 years of age. See also section 14(a) of

2025-410: Was formally established on 28 May 2013. Indictable offence In many common law jurisdictions (e.g. England and Wales , Ireland , Canada , Hong Kong , India , Australia , New Zealand , Malaysia , Singapore ), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by

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