This subject profile provides a brief description of criminal prosecution in Scotland.
The Crown Office and Procurator Fiscal Service (COPFS) is Scotland's public prosecution service, with responsibility for:
the prosecution of crime (including decisions on whether criminal prosecution is appropriate in individual cases)
the investigation of sudden, suspicious or unexplained deaths
the investigation of complaints of criminal conduct by police officers in the course of their duties.i
The COPFS is the only public prosecution authority in Scotland. Prosecutions by private individuals are possible in some circumstances, but are very rare.
Key individuals within the COPFS include:
the Lord Advocate – head of the systems of criminal prosecution and investigation of deaths, and a member of the Scottish Government
the Solicitor General for Scotland – assists the Lord Advocate and is also a member of the Scottish Government
the Crown Agent – chief executive of the COPFS and principal legal adviser to the Lord Advocate on prosecution matters.
The prosecution of accused persons is handled by lawyers based at the Crown Office in Edinburgh and a network of local procurator fiscal offices across Scotland.
Crown Office
Advocate deputes are appointed (on renewable three year contracts) to make decisions about proceedings in more serious cases.ii They advise on complex and sensitive matters, prosecute cases in the High Court and appear for the Crown in criminal appeals (in both the High Court and Sheriff Appeal Court). Although advocate deputes have traditionally been experienced practising members of the Faculty of Advocates, solicitor advocates and procurators fiscal are also eligible for appointment.
Procurator fiscal offices
Procurators fiscal and procurator fiscal deputes (both legally qualified civil servants) are based in procurator fiscal offices across the country. They are responsible for decisions on whether to prosecute (subject to the role of advocate deputes in relation to serious cases) and for prosecuting cases in the sheriff and justice of the peace courts. They also have a statutory power to direct the police in the investigation of crime.
The headquarters of the COPFS are at the Crown Office in Edinburgh. The Lord Advocate, Solicitor General for Scotland, Crown Agent and advocate deputes are all based there. Collectively, the Lord Advocate, Solicitor General for Scotland and advocate deputes are known as Crown Counsel.
Procurator fiscal offices are located across the country, with information on local offices provided on the COPFS website.1
The COPFS is organised into five functions:2
Local Court - deals with the prosecution of cases in justice of the peace and sheriff courts. The work is carried out by teams in offices across the country, along with a specialist national team making initial decisions on the prosecution of summary crimes.
National Casework - deals with the investigation and prosecution of High Court cases and other cases that need specialist knowledge (for example, organised crime), and the handling of appeals.
Death Investigation - responsible for investigating sudden, suspicious, accidental and unexplained deaths.
Litigation - responsible for civil litigation, judicial reviews and other legal services.
Corporate Services - deals with business functions such as finance and human resources.
Funding for the COPFS is provided by the Scottish Government through a separate budget line from other justice funding. This reflects the fact that the Lord Advocate is the head of the COPFS.
As at 28 February 2026, the COPFS had 2,599 staff (full time equivalents), comprising:3
33 senior civil servants
800 prosecutors (including trainee solicitors)
1,766 business managers, casework staff and other professional staff.
As already noted, the Lord Advocate is head of the systems of criminal prosecution and investigation of deaths in Scotland, and is assisted in this work by the Solicitor General for Scotland. In addition, they are both members of, and are responsible for providing legal advice to, the Scottish Government.i Together, they are referred to as the Scottish Law Officers.
They are both appointed by the King on the recommendation of the First Minister, with the agreement of the Scottish Parliament. On 17 June 2026, the Scottish Parliament debated the appointment of new Scottish Law Officers,1 and voted to agree a Scottish Government motion recommending that:
Ruth Charteris KC be appointed as the Lord Advocate (taking over from Dorothy Bain KC)
BJ Gill KC be appointed as Solicitor General for Scotland (taking over from Ruth Charteris KC).
They were both duly appointed.
The range of roles performed by the Scottish Law Officers requires them to be free from political interference and independent in taking decisions about criminal prosecutions, whilst also acting as legal advisers to the Scottish Government. The Scotland Act 1998 seeks to protect the independence of the Scottish Law Officers in various ways, including:
providing that any decision made by the Lord Advocate in the capacity as head of the systems of criminal prosecution and investigation of deaths is taken independently of any other person (and thus not subject to normal rules on collective ministerial decisions)ii
providing that an Act of the Scottish Parliament cannot remove the Lord Advocate from the position as head of the systems of criminal prosecution and investigation of deaths.iii
Nevertheless, the fact that the Scottish Law Officers have key roles in the independent prosecution service whilst also acting as legal advisers to the Scottish Government, has given rise to concerns. In their 2021 election manifesto, the Scottish National Party made a commitment to (p 36):2
consult on whether the dual functions of the Law Officers, as head of the independent prosecution service and principal legal advisers to the Scottish Government should be separated.
No such consultation took place during Session 6 of the Scottish Parliament, but towards the end of the session the Scottish Government published a Report on the Roles and Functions of the Scottish Law Officers.3 The report noted that it is (para 1.5):
intended to inform the preparation of a future consultation by the Scottish Government on the roles and functions of the Scottish Law Officers.
Information on the roles of the Scottish Law Officers, and their counterparts across the UK, is also provided in a House of Commons Library briefing - Law officers: a constitutional and functional overview.4
The issue of separating the roles of the Scottish Law Officers was raised during the above mentioned parliamentary debate on recommending new office holders, with the First Minister expressing a willingness to "engage with parties across the chamber in considering the case for reform" (col 81).
Although it is possible for a private individual to bring a prosecution in some circumstances, instances of this happening are very rare. Thus, virtually all prosecutions in Scotland are brought by the Crown Office and Procurator Fiscal Service (COPFS) in the public interest. Depending on the seriousness of the cases, the prosecution will either be in the name of the Lord Advocate or of the local procurator fiscal.
The COPFS mostly receives reports about crime from the police, but in some cases also receives reports from a range of specialist reporting agencies. A list of these agencies on the COPFS website dates from 2014.1 A notable change since then is the removal of the Post Office from the list as a result of its role in the Post Office Horizon IT scandal.2
Following receipt of a crime report, the COPFS decides what action to take. In addition to prosecution in the criminal courts, options include various alternatives to prosecution. Where the decision is to prosecute, the COPFS also decides what charges should be brought and, in most cases, in which court the prosecution should take place (including the choice of summary or solemn procedure). Certain very serious crimes, including murder and rape, must be prosecuted in the High Court of Justiciary.
An accused person (or their lawyer) does not have any role in determining which court deals with a case (for example, an accused cannot seek trial by jury).
When exercising their discretion in individual cases, including the decision to prosecute or not, prosecutors have regard to the criteria set out in the Prosecution Code.3 These criteria include:
evidential factors – is there a legal sufficiency of evidence and a realistic prospect of conviction (different tests apply to the early stages of solemn procedure cases)
whether action is in the public interest – with relevant factors including the nature and seriousness of the offence, the culpability of the accused, and the impact on the victim.
The following options are available to prosecutors considering the report of a crime:
decision to take no proceedings - where there is insufficient evidence, no realistic prospect of conviction, or action is not in the public interest
various alternatives to prosecution (e.g. warning letters, fiscal fines, road traffic offence fixed penalties, and diversion from prosecution)
prosecution in one of the criminal courts.
Since July 2015, there has been a Victims' Right to Review.4 This allows the victim of an offence (or alleged offence) to ask the COPFS to review a decision not to take action or discontinue a prosecution.
Statistics published by the Crown Office and Procurator Fiscal Service (COPFS) include figures for the number of criminal reports it receives, and what it refers to as 'non-court disposals', that is COPFS decisions to take no action and its use of alternatives to prosecution.
At the time of writing, the latest publication provides data on case processing in 2024-25.1 It indicates that the COPFS received 136,906 criminal reports in 2024-25. During that year, there were a total of 52,862 non-court disposals (including decisions to take no action). In addition, there was a decision to take no further action in 28,855 cases. These are cases which were closed after action had been commenced or attempted (e.g. because the accused died or a key witness was not available). In comparing figures for criminal reports received and disposals in a given year, it should be borne in mind that a case will not necessarily be concluded in the same year as the relevant report was received.
The Scottish Courts and Tribunals Service publishes statistics on cases dealt with in the criminal courts (so not including non-court disposals), with the total number of criminal court cases concluded being:2
98,955 in 2024-25
86,606 in 2025-26.
The work of the Crown Office and Procurator Fiscal Service (COPFS) includes providing support and advice for victims (complainers) and witnesses in criminal cases. For example, it can advise on what are known as special measures1 - various steps which might be available to assist a witness in providing their evidence to the court (for example, being allowed to give evidence by live TV link or having a supporter in the court).
A key service provided by the COPFS for some victims (including bereaved relatives) is its Victim Information and Advice (VIA) service.2 The VIA service offers extra support to a range of victims, including those who are:
under the age of 18
state pension age or over
a victim of domestic abuse, hate crime, sexual crime or stalking
involved in a trial with a jury
a family member (next of kin) in a death enquiry
assessed as needing additional support.
In such cases, the VIA service can provide information on and/or discuss:
how the criminal justice system works
the progress of particular cases
other support services
the support available to victims and witnesses if a case goes to trial.
Further information on the work of the COPFS in this area is provided on its website under the heading of victim services.3
HM Inspectorate of Prosecution in Scotland was first established in 2003 and subsequently placed on a statutory footing by provisions in the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. It is led by HM Chief Inspector of Prosecution in Scotland, who is appointed by and reports to the Lord Advocate.
The Inspectorate of Prosecution in Scotland is tasked with providing independent scrutiny of the Crown Office and Procurator Fiscal Service (COPFS). Its website states that:
Our focus is on the quality of the prosecution service being delivered to the public in Scotland. Our inspection reports highlight what is working well as well as areas for development and improvement. In all of our work, a key objective is to understand the experience of those for whom the service is provided. We make recommendations that, if implemented, will enhance the effectiveness and efficiency of the service.
Further information about its work is provided on its website.
The Inspectorate of Prosecution in Scotland does not deal with individual complaints about the work of the COPFS (for example, about the conduct of a particular prosecutor in relation to a specific case). Information on how to complain is provided on the COPFS website under the heading of feedback and complaints.1