Q.1 a) What duties do the police have in terms of investigating crime in Scotland?
In general the duties of the police in Scotland are to keep the community safe, however when is in relation to investigate crime they can search for any missing people interviewing suspect witnesses and victims and any in general if they think they can know any information that can help them. Then to prepare the reports and to provide any evidences or proof to the court.
b) What powers do the police have to allow them to carry out these duties?
The Police (Scotland) Act 1967 is replaced by the Police and Fire Reform (Scotland) Act 2012. Under this Act 2012, the police have powers do arrest, charge someone they think is suspicion. They can detent him for 12 hours or sometimes even more. In order the police to proof or found out if the arrest did committed the crime or nor, they may have to detained him in custody till they have enough evidence. Bu they need to ensure the offender is not without need. Police officers have powers arising from both common and statutory law to carry out their duties.
C) What happens once the police have concluded their investigation of a crime?
Under the Criminal Justice (Scotland) Act 2016 s 21(1) and (2) states that if a person had been hold in custody after the police had charged him with an offence, then needs to be taken to the court on the following day of his arrest, however sometimes the charge take place during the weekend, which means the court is closed and the needs to wait for the first working day of the week. If the court found him guilty, then the report provided by the court, the police must submitted to the Procurator Fiscal.
Q.2 a) What are the broad responsibilities of the procurator fiscal service in Scotland?
The role and responsibilities the Procurator fiscal has is to receive reports by the police, to investigate the crime, to investigate or found out the cause of dead if there is any cases of death involved. They also work against discrimination and harassment. Working alongside with other organisation to prevent the crime in Scotland.
b) What powers does a procurator fiscal have after receiving a report submitted by the police (or their investigatory body)?
After receiving the report by the police, needs to investigate into the crime and if there is any suspicion dead occurred they can decide what action to be taken where to prosecute or not. All needs to be in the benefits of the community. The procurator fiscal can dictate what kind of procedure to be under and could not prosecute, but choose to fine a minimum of £25 which could become £300.
c) In which courts can a procurator fiscal prosecute a case?
It depends of the crime committed, however some case can appear in sheriff or Justice of peace courts.
Q.3 a) What is the role of the Lord Advocate in terms of public prosecution in Scotland?
The Lord Advocate is the senior general of the Scottish Government in control of the civil and criminal issues in the country. Also is the leading public prosecutor for Scotland and all others trials of accusation which is directed by the Crown Office and Procurator Fiscal Service.
b) In which courts can an Advocate Depute prosecute a case?
Most of the cases are seen In the High Court of Justiciary if it’s the greatest serious cases or court of Criminal Appeal
c) What are the other duties of an Advocate Depute?
Advocate Depute is selected by the Lord Advocate. He is the one to do a conclusion when the case is serious. He may also assist the Procurators Fiscal on difficult or delicate problems.
The Senior Advocate Deputes prosecute very difficult and the most serious cases, He decides if there is any appeal cases if can be prosecuted in the High Court.
The Lord Advocate, Solicitor General and the Advocate Deputes are well-known as Crown Counsel.