Crown Office and Procurator Fiscal Service

The Crown Office and Procurator Fiscal Service (COPFS) is responsible for prosecuting crime in Scotland and investigating sudden or unexpected deaths and complaints against the police.

The work of a solicitor at the Crown Office and Procurator Fiscal Service

Lawyers with the COPFS deal with all areas of criminal law as it applies in Scotland – it is the sole public prosecution authority for the country. Lawyers are based in over 40 Procurator Fiscal offices across the country and in Crown Office (the Service’s headquarters in Edinburgh).

The entry-level grade for qualified solicitors is Procurator Fiscal depute. A depute will be responsible for directing the police on local criminal investigations; deciding when and how to prosecute or whether to offer an alternative to prosecution; investigating sudden and unexpected deaths; conducting criminal proceedings in the Sheriff and JP courts; preparing cases for prosecution in the High Court; and preparing and conducting fatal accident inquiries.

The majority of casework is in the summary courts. Although the cases are less serious than those prosecuted in the High Court, they often have a significant impact on the quality of life in local communities and a depute will have the opportunity, both by prosecuting those responsible and working closely with local communities, to help solve these problems.

Cases prosecuted in the High Court, such as murder, will often start out being dealt with by a depute who will take the initial decisions in the case when the suspect first appears in court. The depute may also get the opportunity to visit the murder scene or the postmortem as part of the early stages of the criminal investigation. After preparing the case (known as precognition) the depute will report it to Crown Counsel (advocates and solicitor advocates who are appointed to represent the Lord Advocate in the High Court) in Edinburgh who will then prosecute the case in the High Court.

Criminal law is an area that comes under close scrutiny from politicians and the media alike, and lawyers practising in this area are required to keep abreast of developments in the law. Training is provided on key issues and policy developments, and deputes will have the opportunity to work in specialist units in Crown Office or be seconded to one of our partner agencies (eg HM Revenue & Customs).

A career as a public prosecutor has huge job satisfaction and you have the knowledge that what you are doing is making a difference to the daily life of people in Scotland. The career prospects are also excellent: the current Lord Advocate and Solicitor General started as trainees in the COPFS, working through the ranks of the service before being appointed as law officers.

Skills required

• Common sense.
• Good judgment – you need to be able to apply the law to a variety of complex and difficult cases.
• Strong communication skills, both oral and written.
• The ability to work under pressure and react quickly in a challenging environment.

Traineeships at the Crown Office and Procurator Fiscal Service

Within the first year, trainees spend time in different units in Crown Office, typically for 12 weeks at a time, to give them an overview of the work of the entire service. In their second year they are posted to a Procurator Fiscal office where they will gain experience in dealing with criminal cases and be expected to prosecute cases on their own account in the summary courts.

Types of law practised

• Criminal.

About the author

JOHN LOGUE is head of the policy division with the CROWN OFFICE AND PROCURATOR FISCAL SERVICE. He graduated from the University of Aberdeen in 1993 with a degree in law.