Where there is enough evidence in the case, the Procurator Fiscal will considers a number of additional factors when deciding whether criminal proceedings should take place. These are set out in full in our
Prosecution Code, but include:
Seriousness of the offence
Length of time since the offence took place
Interests of the victim and other witnesses
Age of the offender, any previous convictions and other relevant factors
Local community interests or general public concern
Any other factors at his discretion, according to the facts and circumstances of the case
Reasons for decisions
Where a Procurator Fiscal decides to take no criminal proceedings in a case, the victim can ask for an explanation of the decision.