Forced Marriage Practitioner Guidance - update 2014

24. Appendix - Crown Office and Procurator Fiscal Service

The Crown Office and Procurator Fiscal Service (COPFS) is Scotland's sole independent prosecution service. They receive reports about crimes from the police and other reporting agencies and then decide what action to take, including whether to prosecute someone.

The COPFS Key Objectives include:

• to secure the confidence of our diverse communities by improving the delivery of justice through the timely, efficient and effective prosecution of crime;
• to give priority to the prosecution of serious crime, including drugs trafficking and persistent offenders;
• to provide services that meet the information needs of victims, witnesses and next-of-kin, in co-operation with other agencies

COPFS plays a pivotal part in the justice system, working with other partners to make Scotland safe from crime, disorder and danger.

In considering whether any action should be taken in relation to reports of crime, the Procurator Fiscal must take account of both legal and public interest considerations.

Legal Considerations

The Procurator Fiscal must be satisfied that there is crime under Scots law and that there is sufficient admissible evidence to justify commencing proceedings. In general, for there to be sufficient evidence there must be corroboration; that is evidence from at least two separate sources to establish the essential facts of the case, i.e. that the crime was committed and that the accused was the perpetrator. The prosecution must prove these matters beyond reasonable doubt.

Public Interest Considerations

Once satisfied that the legal tests are met, the prosecutor must consider what action is in the public interest. Assessment of the public interest often includes consideration of competing interests, including the interests of the victim, but also those of the accused and the wider community. COPFS will take into account the diverse needs of victims, witnesses, communities and the rights of those accused of crime.

The final decision on whether or not to prosecute is for the Procurator Fiscal alone. This also applies to any subsequent decision to continue or discontinue proceedings. This removes the responsibility from the victim and protects them from any undue pressure from other parties.

The Prosecution Code which is available at www.copfs.gov.uk provides full information about the factors that prosecutors take into account when considering whether to take action in a case.