Prosecution of Crimes
The law in Scotland does not say that a crime must be prosecuted and the public prosecutors have considerable discretion over what action to take. They can chose the level at which to prosecute (either through solemn or summary procedure) with the defender having no right to choose a jury trial or for a victim to decide whether or not to press charges, as the decision on whether to try and by which method belongs to the prosecutor. Until 1987, however, their discretion only extended to the degree to which they should prosecute, if at all; there were no alternatives to prosecution. The Criminal Justice (Scotland) Act 1987 gave procurators fiscal the power to offer fixed penalties instead of prosecution (a fiscal fine), at the time limited to a maximum of £25 and subsequently increased to £300.
Since then these options have expanded to giving a warning, fiscal fines, compensation orders, work orders, road traffic fixed penalties or diversion from prosecution into social work, psychological counselling or psychiatric treatment.
Read more about this topic: Crown Office And Procurator Fiscal Service
Famous quotes containing the words prosecution of, prosecution and/or crimes:
“The prosecution of [Warren] Hastings, though he should escape at last, must have good effect. It will alarm the servants of the Company in India, that they may not always plunder with impunity, but that there may be a retrospect; and it will show them that even bribes of diamonds to the Crown may not secure them from prosecution.”
—Horace Walpole (1717–1797)
“The prosecution of [Warren] Hastings, though he should escape at last, must have good effect. It will alarm the servants of the Company in India, that they may not always plunder with impunity, but that there may be a retrospect; and it will show them that even bribes of diamonds to the Crown may not secure them from prosecution.”
—Horace Walpole (1717–1797)
“When you are younger you get blamed for crimes you never committed and when you’re older you begin to get credit for virtues you never possessed. It evens itself out.”
—I.F. (Isidor Feinstein)