Also known as: procurators fiscal · procurator-fiscal · procurators-fiscal · fiscal
Written by attorneys · grounded in primary & secondary sources — see below
An officer under Scots law who serves as the representative of the Lord Advocate in lower courts. The officer investigates sudden deaths and crimes and conducts prosecutions in sheriff and district courts.
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After written notice of termination reached Pamela Phillips, the local procurator fiscal opened an inquiry into her sudden death. The fiscal reviewed medical records and witness statements to determine whether the loss of benefits contributed to the fatality. The investigation supplied the factual basis for any later criminal referral.
When Premier Manufacturing failed to produce three years of financial statements, the procurator fiscal launched a criminal investigation into possible accounting violations. The fiscal subpoenaed the missing audit reports and interviewed the officers. The resulting report determined whether charges should be filed in the sheriff court.
The procurator fiscal was appointed to examine allegations of misconduct by a public official. The fiscal gathered evidence of possible criminal acts and decided whether to initiate a prosecution in the district court. The investigation followed the same procedural safeguards required for any sudden-death inquiry.
After a bank charter dispute arose, the procurator fiscal investigated whether corporate officers had committed fraud. The fiscal examined fiscal-year records and interviewed directors to decide if criminal charges were warranted. The inquiry proceeded in the sheriff court under standard Scottish procedure.
When a trademark application was challenged, the procurator fiscal reviewed whether false statements amounted to a criminal offense. The fiscal collected evidence from the applicant and third parties before determining whether to prosecute. The case was set for hearing in the district court.
Following a disputed line-item veto, the procurator fiscal investigated whether public officials had misused funds. The fiscal examined budget documents and witness testimony to assess possible criminal liability. The findings guided the decision to bring charges in the sheriff court.
A procurator fiscal investigates sudden deaths and crimes. The officer also prosecutes cases in sheriff and district courts as the representative of the Lord Advocate.
Supporting sources
A procurator fiscal prosecutes in the sheriff court and the district court. These are the inferior courts where the officer acts for the Lord Advocate.
Supporting sources
The procurator fiscal represents the Lord Advocate. This representation occurs when the officer investigates deaths and crimes or conducts prosecutions.
Supporting sources
…as a means to carry into execution the powers of the Government, no reason exists to exclude a bank if it is an appropriate fiscal instrument. The necessity of the Bank is a question for the legislature; the Court will not substitute judicial discretion for legislative judgment where acts are not prohibited by the…