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Chapter 1 General BOOK OF REGULATIONS CHAPTER 1 GENERAL CHAPTER 1 - GENERAL 1.01 DEFINITION OF PROCURATOR instance of the Procurator Fiscal, subject to FISCAL any directions issued by the Lord Advocate. He has sole discretion as to In these regulations the term "Procurator whether or not to prosecute. He is not Fiscal" shall include all Procurators Fiscal liable for damages arising out of any case (Regional and District), Assistant unless the person suing can prove that he Procurators and Deputes unless otherwise acted maliciously and without probable stated. cause. (See the 1995 Act, Section 170). 1.02 INSTRUCTIONS OF THE LORD 1.03 APPOINTMENT OF FULL-TIME ADVOCATE DEPUTES Procurators Fiscal are subject in the Where a full-time Depute has been discharge of their duties to the instructions appointed to a District it is sufficient that a of the Lord Advocate. Section 12 of the letter of appointment signed by or on behalf 1995 Act empowers the Lord Advocate to of the Crown Agent be presented to the direct the Police regarding the reporting of appropriate Court when he takes up cases to the Procurator Fiscal for appointment and for him to take the Oath of consideration of prosecution. Procurators Office. Fiscal in turn may be directed by the Lord Advocate as to the mode of prosecution in 1.04 FORM OF OATH OF OFFICE certain types of cases, for example, when he considers that in the public interest the I ... declare that I shall faithfully perform the circumstances warrant the taking of certain duties of the office of Procurator Fiscal cases in the Sheriff Court. Such directions Depute in the Sheriffdom of ... at ... to Procurators Fiscal are issued by the Crown Agent on behalf of the Lord Once a Depute has taken his oath before Advocate. Instructions in individual cases any Sheriff from the Sheriffdom he may are given by Crown Counsel to Procurators appear in any Sheriff Court in that Fiscal and although Procurators Fiscal Sheriffdom and by virtue of Section 6(4) of retain the authority to exercise discretion in the Criminal Procedure (Scotland) Act 1995 relation to prosecutions, anyone departing it is also competent for him to appear as a from Crown Counsel's instructions may be prosecutor in any District Court situated called upon to justify his actions. within that Sheriffdom. Crimes on indictment proceed in the name of the Lord Advocate and the Procurator 1.05 APPOINTMENT OF HONORARY Fiscal cannot indict without his express DEPUTES AND FORM OF COMMISSION authority. This authority must be stated in the Indictment. The Procurator Fiscal is The attention of Procurators Fiscal is then entitled to the same immunity from directed to the provision at Section 9 of the civil claims as the Lord Advocate (See Sheriff Courts and Legal Officers (Scotland) Hester v McDonald and others Appeal Act 1927. The appointment of Honorary Circular A8/65, 1961 SLT 414, 1961 SC Deputes will be by Commission signed by 370). Summary cases proceed at the the Crown Agent under the July 1999 1 BOOK OF REGULATIONS CHAPTER 1 GENERAL general authority of the Lord Advocate. The form of Commission will be as shown (paragraph 4086 of the Staff Handbook below. Applications for a Commission for refers). such deputation should be made to the Crown Agent. In such applications the 1.09 POLITICS Procurator Fiscal will state why the appointment has become necessary. The Civil Service Pay and Conditions of Before forwarding the request to the Crown Service Code (a copy of which is held by Agent the Procurator Fiscal should consult each Regional Procurator Fiscal) contains the Regional Procurator Fiscal for rules on political activities by civil servants confirmation of the suitability of the but in particular Procurators Fiscal shall not proposed honorary depute. The act as political agents nor shall they allow application should confirm that the themselves to be nominated as candidates Regional Procurator Fiscal supports the for any elections nor shall they accept any appointment. The term of such deputation appointment or associate themselves in will normally be one year. any manner with an election. This regulation applies to both national and local 1.06 FORM OF COMMISSION political activities, but not to membership of community councils (see also paragraph I am directed by the new Lord Advocate to 4007 of the Staff Handbook). convey his approval to the appointment of ................. to be an Honorary Procurator 1.10 PROCURATORS FISCAL: Fiscal Depute at ................ with effect from BANKRUPTCY AND LITIGATION .............. for a period of one year. A Procurator Fiscal who becomes bankrupt or insolvent must at once report the fact to the Crown Agent. Anyone who becomes involved as a party in civil litigation must Crown Agent make formal intimation of the matter forthwith to the Crown Agent. The Crown Agent is always prepared to discuss on an 1.07 PRIVATE PRACTICE OR OTHER informal basis financial or personal difficulty EMPLOYMENT with members of the service. Procurators Fiscal are not permitted to 1.11 ALLEGATION OF COMMISSION OF engage in private practice. The prior CRIMINAL OFFENCE BY approval of the Crown Agent is required PROCURATORS FISCAL before any Procurator Fiscal may undertake any other form of remunerative If an accused, or a potential accused or a employment (see also paragraph 4086 of victim, is a member of the Procurator Fiscal the Staff Handbook. Service or is a close friend or a member of the family of a Procurator Fiscal or one of 1.08 APPOINTMENTS his staff, the utmost care must be Procurators Fiscal shall not be members of a Children's Panel, nor allow themselves to be appointed as Justices of the Peace July 1999 2 BOOK OF REGULATIONS CHAPTER 1 GENERAL taken to ensure that there can be no suggestion of impropriety in dealing with 1.13 VICTIM IN PROCURATOR FISCAL the case. SERVICE A Procurator Fiscal must ensure that staff Where a member, or a close relative of a know to report such situations to him when member of the Procurator Fiscal Service is they occur, and that they do not intromit in a victim of an offence and the Procurator any way with the case papers. Fiscal is of the opinion that proceedings should be taken the matter must first be All such cases must be reported under reported to Crown Office. If however the reference to this paragraph for Crown accused is in custody, the Procurator Fiscal Counsel's instructions, if need be by may proceed and report afterwards to telephone where the accused is in custody. Crown Office. Where the member of staff or other person is the victim, the matter need be reported 1.14 DUTIES OF REGIONAL only if the Procurator Fiscal proposes PROCURATORS FISCAL proceedings. Duties of a Regional Procurator Fiscal are:- Where a Procurator Fiscal is himself 1.14(1) charged with a criminal offence (other than (a) Attendance with other Regional the most trivial of motoring offences) or Procurators Fiscal at meetings in learns that a member of the Procurator Crown Office to discuss policy. Fiscal Service of any grade is in any way implicated or is alleged to be implicated in (b) Securing compliance with policy unlawful activities, he will report the matter through the Region. to the Crown Agent, whether that person has been charged by the Police or not. (c) Making himself available in a The Crown Agent will make any special consultative and advisory capacity arrangements necessary for the handling of to every district Procurator Fiscal in such cases. his Region and consulting with outside bodies eg Chief Departure from the above procedures will Constables, Sheriffs Principal. be regarded as a serious breach of discipline (see also paragraphs 4012 to (d) Advising Procurators Fiscal in 4017 of the Staff Handbook). the Regions when asked to do so or when the Regional Procurator 1.12 ACCUSED KNOWN TO Fiscal considers that there is PROCURATORS FISCAL reasonable cause to do so. If an accused is a close friend or relation of (e) Visiting the offices in the Region a Depute Procurator Fiscal it may be to ascertain details of the work load appropriate for some other person to and to advise on arrangements to appear in the case and he will immediately deal with any backlog of work. report this to the Procurator Fiscal. A Regional Procurators Fiscal may Procurator Fiscal in such a situation should inspect District Offices to enable report the matter to the Regional Procurator them to prepare comprehensive Fiscal for advice, and where the matter reports on District Offices including involves the Regional Procurator Fiscal he how the workloads of these offices should report the case to the Crown Agent. are being managed. In the course August 1998 3 BOOK OF REGULATIONS CHAPTER 1 GENERAL of such inspection Regional staff on mobile grades to meet the situation Procurators Fiscal may examine from the resources at his disposal within case papers, registers and records the region he is expected to request Crown kept in the District Offices. Office for help from outwith the region. (f) Deployment of staff. In all cases where the Regional Procurator Fiscal directs a district Procurator Fiscal to (g) Investigating complaints relating supply assistance to another office within a to matters in the Region. region the district Procurator Fiscal must comply with that direction. The Regional Procurator Fiscal may not:- Procurators Fiscal will not employ help from 1.14(2) outside the Procurator Fiscal Service (a) Reverse or alter the decision of without the prior authority of Crown Office. a district Procurator Fiscal in any particular case although he may persuade him to do so. (b) Sign any Indictment or Complaint other than for a court in which he is district Procurator Fiscal, nor (c) Appear in any court other than that for which he is district Procurator Fiscal, that is, outwith the Sheriffdom for which he is responsible but Regional Procurators Fiscal may appear in any District or Sheriff Courts within their Sheriffdoms.
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