​KembaraXtra – Legal Terms – Procurator Fiscal


A procurator fiscal is a legal officer within the Scottish legal system whose functions combine aspects of criminal investigation and prosecution. Appointed by the Lord Advocate, a procurator fiscal must be a qualified advocate or solicitor. The office forms an essential part of Scotland’s distinctive criminal justice system and differs significantly from equivalent institutions in England and Wales. The procurator fiscal conducts preliminary investigations into criminal cases within the relevant district and gathers evidence by taking written witness statements known as precognitions. These investigations assist in determining whether criminal proceedings should be initiated. The procurator fiscal also conducts prosecutions in many criminal matters before the sheriff courts.


In addition to criminal prosecutions, procurators fiscal have important responsibilities concerning deaths and public safety. They investigate sudden, suspicious, unexplained, or accidental deaths to determine whether criminal conduct or public hazards may be involved. Such inquiries may lead to fatal accident inquiries or criminal proceedings where appropriate. The office therefore performs both prosecutorial and investigative functions within the Scottish justice system. By supervising investigations and prosecutions, procurators fiscal help ensure that criminal law is enforced fairly and effectively. Their role reflects the unique structure and traditions of Scots law and legal administration.