The police (or other
Specialist Reporting Agencies, eg. Customs and Excise) carry out an initial crime investigation and submit a report to the local Procurator Fiscal
The Procurator Fiscal considers this report and decides whether to take any action in relation to this case. This decision is taken in the
public interest
In taking this decision, the Procurator Fiscal will consider if there is sufficient evidence in the case
If there is sufficient evidence, the Procurator Fiscal will then decide what action is appropriate, eg. to prosecute, offer a direct measure (such as a fiscal fine) or to take no action in the case. The Procurator Fiscal considers a
number of factors in coming to this decision.
In cases which will be considered by a jury, the Procurator Fiscal will interview witnesses and gather and review the forensic and other evidence before a decision to prosecute is taken. S/He will then make a report to Crown Counsel to take a decision on whether to prosecute.