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Parliamentary debates and questions

S5W-09228: Elaine Smith (Central Scotland)

Scottish Labour

Date lodged: 12 May 2017

To ask the Scottish Government what its position is on the Procurator Fiscal Service making a decison on whether to proceed with a case without considering all of the evidence.

Answered by: James Wolffe QC 24 May 2017

The Prosecution Code sets out the criteria for decision making in cases reported to COPFS. The Prosecution Code is published on the COPFS website at:

http://www.crownoffice.gov.uk/images/Documents/Prosecution_Policy_Guidance/Prosecution20Code20_Final20180412__1.pdf

A prosecutor will consider the relevant evidence when making a decision on whether to proceed with a case. The prosecutor must be satisfied that there is sufficient admissible evidence to justify commencing proceedings. Consideration must be given to the reliability and credibility of the evidence. If it seems that there is insufficient evidence the prosecutor can instruct the police or request other reporting agencies to make further enquiries.