Prosecution and the Procurator Fiscal in Scotland: 12 questions answered
In Scotland the police report crimes to the Procurator Fiscal, part of the Crown Office and Procurator Fiscal Service, who decides whether to prosecute. Instead of court, the fiscal can offer a warning, fine, compensation offer, work order or diversion, or take no action.
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What happens after police report me to the Procurator Fiscal?
The police send a report to the Procurator Fiscal, a prosecutor who works for the Crown Office and Procurator Fiscal Service (COPFS). The fiscal is independent of the police and decides what should happen, looking at whether there is enough admissible evidence and whether action is in the public interest. This can take weeks or months. You may receive a letter offering an alternative to prosecution, a citation to attend court, or notice that no action will be taken. If you were released on an undertaking, you must still attend court on the date given.
What decisions can the Procurator Fiscal make in Scotland?
The fiscal can decide to take no action, offer a direct measure such as a fiscal warning, fiscal fine, fiscal compensation offer or fiscal work order, refer you for diversion from prosecution, or prosecute you in court. For young people, the fiscal may instead refer the case to the Children's Reporter, who can arrange a children's hearing. If the fiscal prosecutes, they also decide whether the case goes ahead under summary procedure, before a sheriff or justice of the peace, or solemn procedure, before a jury.
What is a fiscal warning?
A fiscal warning is a formal warning from the Procurator Fiscal, usually sent by letter, telling you that you have been reported for an offence and that further offending may lead to prosecution. There is nothing to pay and you do not have to reply. It is not a conviction. Under the Rehabilitation of Offenders Act 1974, a warning from a procurator fiscal is treated as spent immediately, which means you generally do not have to disclose it. It can still be taken into account if you are reported again.
What is a fiscal fine in Scotland?
A fiscal fine is a fixed penalty offered by the Procurator Fiscal under section 302 of the Criminal Procedure (Scotland) Act 1995 as an alternative to prosecution. Since 1 December 2025, the scale runs from £50 to £500. You have 28 days to refuse it by telling the court clerk. If you do nothing, you are treated as having accepted it and must pay, often by instalments. Accepting is not a conviction, but it can be mentioned in court for two years if you are prosecuted again. Refusing is treated as asking for a trial.
What are fiscal compensation offers and fiscal work orders?
A fiscal compensation offer asks you to pay up to £5,000 to the victim, through the court, instead of being prosecuted. Like a fiscal fine, you are treated as accepting it unless you refuse within 28 days, and the fiscal can combine it with a fiscal fine. A fiscal work order asks you to do between 10 and 50 hours of unpaid work supervised by the council. You must actively accept a work offer. If you complete the work to the supervisor's satisfaction, you cannot be prosecuted for the offence.
What is diversion from prosecution in Scotland?
Diversion from prosecution means the Procurator Fiscal refers you to a support service, usually criminal justice social work, instead of prosecuting. It is designed for people whose offending is linked to issues such as addiction, mental health or personal circumstances, and may involve meetings, programmes or treatment. Taking part is voluntary. If you complete the diversion successfully, you will not normally be prosecuted for the offence. If you do not engage or complete it, the fiscal can reconsider the case and may decide to prosecute.
What is a Recorded Police Warning in Scotland?
A Recorded Police Warning is a warning given by a police officer, rather than the Procurator Fiscal, for certain less serious offences committed by adults aged 18 or over, under guidelines issued by the Lord Advocate. You do not have to admit the offence, but you must be given the choice to accept or refuse. If you refuse, the case can be reported to the fiscal, and your refusal will be noted. Warnings are generally not used for sexual offences, domestic abuse, hate crime or where more than superficial injury was caused.
Do fiscal fines, warnings or diversion give me a criminal record in Scotland?
They are not convictions. Under schedule 3 of the Rehabilitation of Offenders Act 1974, police and fiscal warnings are spent immediately, while fiscal fines, compensation offers, work orders and diversion become spent after 3 months. They do not appear on a Level 1 disclosure, which only lists unspent convictions. Fingerprints and DNA taken when someone accepts a fiscal fine, compensation offer or work order can be kept for 2 years (3 for certain sexual or violent offences), and police can include relevant information on a higher-level Level 2 disclosure in some cases.
What is the difference between summary and solemn procedure in Scotland?
Summary procedure is for less serious cases. You are charged on a document called a complaint, and a sheriff or justice of the peace decides the verdict without a jury. Solemn procedure is for serious cases. It starts with a petition, followed by an indictment, and the trial takes place before a jury in the sheriff court or High Court. The procedure matters because it affects which court hears the case, the maximum sentence available, and the time limits that apply if you are held in custody.
Which court will deal with my criminal case in Scotland?
The fiscal chooses the court based on how serious the case is. A justice of the peace court deals with minor summary cases and can impose up to 60 days in prison or a £2,500 fine. The sheriff court, sitting without a jury, can impose up to 12 months or a £10,000 fine. A sheriff and jury can impose up to 5 years or an unlimited fine, and can send a case to the High Court for a longer sentence. The High Court deals with the most serious crimes, such as murder and rape, and can impose life imprisonment.
Is there a time limit for prosecuting a crime in Scotland?
For most offences there is no time limit. However, under section 136 of the Criminal Procedure (Scotland) Act 1995, proceedings for a statutory offence that can only be tried summarily must be started within 6 months of the offence, or of the last date of a continuing offence, unless the law creating the offence sets a different period. Proceedings count as started when a warrant to arrest or cite you is granted, provided it is carried out without undue delay. Common law crimes such as assault or theft have no fixed time limit.
Can a victim challenge a decision not to prosecute in Scotland?
Yes. Under the Victims' Right to Review scheme, a victim can ask COPFS to review a decision made on or after 1 July 2015 not to prosecute, or to stop a case that has started in court. Requests should be made as soon as possible, ideally within one month of learning of the decision. A prosecutor not involved in the original decision reviews it, and if it was wrong the case may go ahead. Decisions to offer a direct measure or refer a case to the Children's Reporter cannot be reviewed under this scheme.
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What happens next: the criminal process step by step →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Criminal Procedure (Scotland) Act 1995, section 302 (fiscal fixed penalty)
- Criminal Procedure (Scotland) Act 1995, section 303ZA (work orders)
- Criminal Procedure (Scotland) Act 1995, section 136 (time limit for certain offences)
- Rehabilitation of Offenders Act 1974, schedule 3 (spent alternatives to prosecution: Scotland)
- Lord Advocate's guidelines on the use of police direct measures for adult offenders (COPFS)
- Victims' Right to Review (COPFS)
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