2. The Crown Office and Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service (COPFS) is the body which decides if a case is to be prosecuted in court or if the accused can be offered alternatives.
COPFS staff:
•consider cases reported to COPFS and decide if there is enough evidence to take further action;
•decide, based on the public interest, whether to prosecute a case or take alternative action, such as offering a fine.
If your client has been reported to the procurator fiscal in connection with an alleged offence, the procurator fiscal may, in certain circumstances, offer them the opportunity to have the allegation dealt with outside of court without getting a criminal conviction.
When deciding whether to offer a fine, COPFS uses its Prosecution Code of Practice to decide whether to proceed with court action or offer an alternative.1