Procurator-fiscal

Procurator-fiscal, a legal officer in Scotland at whose instance criminal proceedings are taken in the local and inferior courts. He is appointed by the sheriff with the approval of one of the principal secretaries of state, and is not removable from office except for inability or misbehaviour, on a report by the Lord President and the Lord Justice-clerk. His business is to take the initiative in the prosecution of crimes. There being no coroner's inquest in Scotland, he does the work which that functionary does in England by way of inquiry into the cause of deaths occurring under circumstances of suspicion. Whenever he has reason to believe a crime has been committed his duty is to apply for a warrant to arrest the alleged criminal, to summon and precognosce witnesses, and to bring the case to trial. If the procurator-fiscal is informed of a crime which he thinks was either not committed, or of which there is no evidence satisfactory, he gives his concurrence merely to the private party who suggests it, but does not himself initiate the proceeding. When the procurator-fiscal takes the precognitions of the witnesses, he sends a copy of them to the crown counsel, of whom the Lord Advocate is the chief; and if these counsel think the evidence is strong enough, and warrants more than suspicion, the prosecution is proceeded with to trial.