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Parliamentary debates and questions

S5W-09227: Smith, Elaine (Central Scotland)

Scottish Labour

Date lodged: 12 May 2017

To ask the Scottish Government what recourse is available to the public if they believe that the Procurator Fiscal Service has not considered all of the evidence when making a decision on whether to proceed with a case.

Answered by: James Wolffe QC 24 May 2017

The victim in a case reported to COPFS has a right to ask for a review of a prosecutor’s decision not to take action in a case, under the Lord Advocate’s Rules: Review of a Decision not to Prosecute, made under section 4 of the Victims and Witnesses (Scotland) Act 2014. These rules are published on the COPFS website at:

http://www.crownoffice.gov.uk/images/Documents/Victims_and_Witnesses/Lord%20Avocates%20Rules%20-%20June%2015%20v2.pdf

At page 4 of the Rules it makes clear that a victim can ask for new information to be taken into account during the review.