A procurator fiscal (pl. procurators fiscal), sometimes called PF or fiscal, is a public prosecutor in Scotland (who, despite the title, has little to do with fiscal issues). They investigate all sudden and suspicious deaths in Scotland (similar to a coroner in other legal systems), conduct Fatal Accident Inquiries (a form of inquest unique to the Scottish legal system) and handle criminal complaints against the police (administrative complaints are handled by the Police Complaints Commissioner for Scotland). They also receive reports from specialist reporting agencies such as Her Majesty's Revenue and Customs.^[1]

For the majority of crimes in Scotland the procurators fiscal present cases for the prosecution in the Sheriff, District and Justice of the Peace Courts, and the case for the defence is presented either by the accused, a solicitor, or an advocate. The solicitor will work for a firm of solicitors, or in certain areas of Scotland could be a public defender working for the Public Defence Solicitors' Office.

The procurator fiscal has the discretion not to prosecute and pursue alternatives free from political interference, but is always subject to the directions of Crown Office and the Lord Advocate.^{[2] [3] [4]}

Origins[link]

The origin of the office is uncertain but, as the title suggests, the procurator fiscal originally was an officer of the sheriff (the local law enforcement officer and judge) with financial (fiscal) responsibilities; the procurator fiscal collected fines.^[5] However, such responsibilities had been eclipsed in the course of the eighteenth century by their duty as prosecutor in the sheriff court with the passage of the Criminal Procedure (Scotland) Act 1701. In this capacity they gave concurrence in private prosecutions and prosecuted on behalf of the Crown. The Sheriff Courts (Scotland) Act 1867 gave procurators fiscal full responsibility in law for prosecution of all criminal acts in Scotland.^[6]

Originally the fiscal was the sheriff's official and tenure of the office was at the pleasure of the sheriff.^[7] With the decline of private prosecution the fiscal came to be regarded more and more as under the control of the Lord Advocate. In 1776 the government started to pay procurators fiscal to take precognitions and in 1907 the right of appointing procurators fiscal was transferred to the Lord Advocate.^[8]

Prosecution of crimes[link]

Procurators fiscal make preliminary investigations into criminal cases, take written statements from witnesses (known as precognition) and are responsible for the investigation and prosecution of crime. This includes the power to direct the police in their investigation, but except for serious crimes such as murder the police normally complete their enquiries before involving the procurator fiscal.^[9]

In Sheriff Court cases, once someone has been charged with an offence and remanded in custody, the Crown must bring the case to a preliminary hearing within 110 days.^[10]

The procurator fiscal has never been obliged to prosecute and can choose the level at which to prosecute (either through solemn or summary procedure). The defendant has no right to choose a jury trial, nor can a victim on their own decide to press charges, as the decision on whether to try by jury or summarily belongs to the prosecutor.^[11][12][13] 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.^[14][15][16]

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.^[17]

Deaths[link]

All suspicious, sudden and accidental deaths must be reported to the procurator fiscal, and they have a responsibility to identify if any criminal action has occurred and, where appropriate, prosecute. Where a criminal offence is suspected to have occurred the procurator fiscal will instruct the local police to investigate.^[18]

Fatal accidents can be subject to a Fatal Accident Inquiry, a form of judicial inquiry akin to an inquest but conducted without a jury. Fatal accident inquiries are conducted in the Sheriff Court. An inquiry must be held for all deaths in custody and fatal accidents, with other accidental deaths subject to inquiry at the discretion of the procurator fiscal.^[19][20]

Serious crimes[link]

For the most serious crimes, the case will not be directly prosecuted by the procurator fiscal. Instead, the case will be heard at the High Court of Justiciary and the prosecution will be made in the name of the Lord Advocate by an Advocate Depute.^[21]

Areas[link]

There are eleven procurators fiscal in Scotland, each covering a geographical area or jurisdiction with a central office. Outside of Strathclyde, these areas typically correspond with constabulary areas for the territorial police forces in Scotland. They are (areas in Strathclyde marked with an asterisk)^[22]:

• Argyll and Clyde (in Paisley)*
• Ayrshire (in Kilmarnock)*
• Central (in Stirling)
• Dumfries and Galloway (in Dumfries)
• Fife (in Kirkcaldy)
• Glasgow*
• Grampian (in Aberdeen)
• Highlands and Islands (in Inverness)
• Lanarkshire (in Hamilton)*
• Lothian and Borders (in Edinburgh)
• Tayside (in Dundee)

Court of the Lord Lyon[link]

A procurator fiscal is appointed to the Court of the Lord Lyon, which is a civil and criminal court dealing with Scottish heraldry and genealogy in Scotland. This Court is unique to Scots culture with heraldry playing an important role, particularly in relation to the clan system. Coats of arms that are registered are required to pay a fee to the Crown and must adhere to specific rules concerning their shape, colour and imagery.

If any of the rules concerning a coat of arms – also known as "an achievement" – are broken, it is the procurator fiscal's job, as the independent official prosecutor of the court, to determine whether they should initiate criminal proceedings.^[23][24]

See also[link]

• Lord Advocate's Reference
• Staatsanwaltschaft - The German State Prosecutor, who exercises a similar role

External links[link]

• Official website

References[link]

v t e  Scotland topics History Timeline Prehistoric Roman times Early Middle Ages Kingdom High Middle Ages Davidian Revolution Wars of Independence Late Middle Ages Renaissance Reformation Colonisation of the Americas Acts of Union 1707 Jacobitism Enlightenment Highland Clearances Lowland Clearances Romanticism Modern Geography Geology Climate Demographics Mountains and hills Islands Lochs Waterfalls Fauna Flora Highlands Lowlands Central Belt Anglo-Scottish border Economy Companies Bank of Scotland Royal Bank of Scotland North Sea oil Whisky Tourism Harris Tweed Renewable energy Transport Saltire Foundation Law Courts Lord President Crown Office Lord Advocate Solicitor General Procurator fiscal Udal law People List of Scots Actors Inventors Musicians Scientists Writers Politics Political parties Elections Parliament Government First Minister Scotland Office Secretary of State Local government Monarchs Military Devolution Independence Unionism Religion Church of Scotland General Assembly Roman Catholicism Judaism Scottish Episcopal Church Islam Hinduism Languages Scottish Gaelic Scots Scottish English Highland English Culture Art Architecture Clans Cuisine Education Flags Coat of arms Anthem Hogmanay Innovations Literature Royal National Mod Music Sport World Heritage Sites National identity National symbols Scottish surnames Category Portal WikiProject

Dame Elish Frances Angiolini DBE QC FRSA^[3] (born 24 June 1960^[4]), née McPhilomy, is a Scottish lawyer. She was Lord Advocate of Scotland from 2006 until 2011, having previously been Solicitor General since 2001. She was the first woman, the first Procurator Fiscal, and the first solicitor to hold either post.

Early life and education[link]

Angiolini grew up in Govan, Glasgow in a working class family; her father was a coal merchant and later worked for Rolls-Royce and as a commercial driver.^[3][5] As a child she wanted to be a ballet dancer.^[6] One of her first jobs was working on a checkout at Marks & Spencer.^[6] She was educated at Notre Dame High School for Girls in the West End of the city, and studied at the School of Law of the University of Strathclyde, obtaining an LLB in 1982 and a Diploma in Legal Practice in 1983.

Angiolini's first encounter with the legal profession came when, as a teenager, she was asked to give evidence in a burglary trial. Later, she recalled: "I was not terribly impressed. There were a lot of important people in gowns and witnesses were left a very long time in the witness room and not given any information... All the attention was focused on the permanent figures of the court, while us witnesses, and those in the dock, seemed irrelevant". The experience inspired Angiolini to pursue a career in law.^[6] Later as Regional Procurator Fiscal, Angiolini piloted a victim liaison scheme which was subsequently extended throughout Scotland.^[7]

Early legal career[link]

Upon completing her legal studies, she joined the Crown Office and Procurator Fiscal Service to train as a Procurator Fiscal (public prosecutor). Whilst a trainee, she survived the Polmont rail accident; two passengers sitting next to her were killed.^[8]

Following her training, Angiolini spent 8 years as a Depute Procurator Fiscal in Airdrie, prosecuting in Airdrie Sheriff Court. In 1992, she was seconded to the Crown Office where she worked in the Lord Advocate's Secretariat. During her secondment, she developed an interest in improving the support offered to vulnerable victims and witnesses, and in particular to children.

She was then appointed Senior Depute Procurator Fiscal at Glasgow, taking operational responsibility for Sheriff and Jury prosecutions. In 1995, she was promoted to Assistant Procurator Fiscal at Glasgow.

In 1997, Angiolini returned to the Crown Office as Head of Policy, with responsibility for the development of policy across all functions of the Department. In particular, she helped the department prepare for devolution and was involved in the preparation of the Scotland Act 1998. At the same time, Angiolini was responsible for the department’s preparations for the introduction of the Human Rights Act 1998.

She was then appointed Regional Procurator Fiscal for Grampian, Highland and Islands (based at Aberdeen) on 27 July 2000 - the first woman to hold such a post.^[9] In this role she piloted a victim liaison scheme which was subsequently extended across the country.^[7]

Solicitor General[link]

Angiolini was appointed Solicitor General for Scotland by First Minister Jack McConnell in 2001. Angiolini was the first solicitor, as opposed to advocate, to be appointed Solicitor General; this was not received favourably amongst all members of the legal profession/.^[3]

In 2006, Jack McConnell praised Angiolini's work as Solicitor General, saying the decision to appoint her had been one of the best he had ever made.^[10]

Lord Advocate[link]

Following the resignation of Lord Boyd, First Minister Jack McConnell nominated Angiolini for the post of Lord Advocate.^[11] Her nomination was passed by Parliament on 5 October 2006, with 99 in favour, 0 against and 15 abstentions.^[12] She was sworn in at the Court of Session on 12 October 2006 and one month later she was made a member of the Privy Council.^[13]

After the 2007 election there was speculation that the new SNP administration might replace Angiolini. However, Alex Salmond, the First Minister, decided that she should stay in post, but would lose her seat in Cabinet. The SNP had committed to making this change as part of their pre-election campaign. She would still have the right to address Cabinet and be present at meetings of the Scottish Parliament. Her reappointment was agreed by Parliament on 24 May 2007.^[14] This made her the first Lord Advocate to serve two different governments.^[3]

Later in 2007, Angiolini clashed publicly with the head of Scotland's judiciary, Lord President Hamilton, over the collapse of the World's End murders trial. The trial judge, Lord Clarke, had ruled there was insufficient evidence for the jury to convict and threw the case out. Angiolini then made a statement to the Scottish Parliament, saying she was "disappointed" at the decision, a move Hamilton said undermined the independence of the judiciary.^[15][16]

Angiolini announced in October 2010 that she would step down from the role of Lord Advocate after the Scottish Parliament elections in May 2011.^[17][18] Alex Salmond paid tribute to Angiolini, saying "her term as Lord Advocate has been marked by significant improvements and substantial success in the disposal of justice in Scotland".^[19] She was succeeded on 19 May 2011 by Frank Mulholland.

Academic and charity work[link]

On leaving the post of Lord Advocate, Angiolini was unveiled as the first patron of LawWorks Scotland, a charity which helps people who cannot afford legal advice.^[6]

In September 2011 it was announced that Angiolini was to become a visiting professor at Strathclyde Law School, her old university. As well as teaching undergraduates, she was to develop a masters course in advocacy studies.^[20]

Angiolini is a member of Terra Firma Chambers, with a particular interest in public administrative law and professional negligence.^[21]

In February 2012 it was announce that Angiolini would become Principal of St Hugh's College, Oxford in September 2012, replacing Andrew Dilnot.^[22]

Honours[link]

She was appointed Dame Commander of the Order of the British Empire (DBE) in the 2011 Birthday Honours for services to the administration of justice.^[23][24]

She holds honorary degrees of Doctor of Laws from Strathclyde, Glasgow Caledonian and Aberdeen universities.^[25] She is a fellow of the Royal Society of Arts.^[3]

In June 2011, Angiolini received the Special Achievement Award from the International Association of Prosecutors.^[21]

Personal life[link]

She married Italian Domenico Angiolini in 1985; they have two children.^[26] Her hobbies include walking, picking wild mushrooms and cinema.^[26]

References[link]

External links[link]

• Elish Angiolini profile, Gazetteer for Scotland
• "Interview with new Solicitor General Elish Angiolini", Law Society of Scotland online journal, January 2002
• Interview: Elish Angiolini, Lord Advocate, The Scotsman, March 2011

Eric Joyce MP
Member of Parliament for Falkirk Falkirk West (2000–2005)
Incumbent
Assumed office 21 December 2000
Preceded by	Dennis Canavan
Majority	7,843 (15.4%)
Personal details
Born	Eric Stuart Joyce (1960-10-13) 13 October 1960 (age 51) Perth, Perthshire, Scotland
Nationality	Scottish
Political party	Independent
Other political affiliations	Labour Party (1999-2012)
Spouse(s)	Separated from Rosemary Joyce (previously married to Christina Guest)[citation needed]
Alma mater	University of Stirling
Website	http://www.ericjoyce.co.uk/

Eric Stuart Joyce (born 13 October 1960) is a Scottish politician, who has been a Member of Parliament (MP) since 2000, and has been the MP for Falkirk since 2005. Originally elected as a member of the Labour Party, Joyce was suspended from Labour in 2012 after he was arrested on suspicion of assault,^[1] and on 12 March 2012 officially resigned from the party.^[2] Joyce served as a private in the Black Watch before attending University and subsequently receiving a commission in the Royal Army Educational Corps. He left the army in 1999 at the rank of major and served as the Public Affairs Officer at the Commission for Racial Equality (Scotland).

He was elected to parliament in the 2000 Falkirk West by-election, retaining his seat in the 2001 general election, and elected to the enlarged Falkirk constituency in the 2005 general election. From 2003, Joyce served as a Parliamentary Private Secretary (PPS) to a number of UK government ministers. He resigned as the PPS to Bob Ainsworth on 3 September 2009 citing concerns over the war in Afghanistan.

Early life and education[link]

Joyce lived in Perth with his family for most of his infant and teenage years.

Joyce joined the Army in 1978, initially as a private in the Black Watch before taking a sabbatical between 1981 and 1987 to attend technical college and university where he gained a BA (Hons) in religious studies from University of Stirling. As a university candidate Joyce was made a probationary second lieutenant on 25 August 1987.^[3] In 1987 he attended the Royal Military Academy Sandhurst before being commissioned into the Royal Army Educational Corps (later Adjutant General's Corps) as a subaltern with seniority to the 7 October 1981.^[4] After receiving his commission he continued his studies part-time and acquired an MA in Education from the University of Bath and an MBA from Keele University. During his time in the army he served in Great Britain, Northern Ireland, Germany and Central America. He was promoted to captain on 25 January 1990^[5] and to major in 1992. He left the army, by resigning his commission on 12 March 1999,^[6] amid controversy after describing the armed forces as "racist, sexist and discriminatory,"^[7][8] before going on to serve as the Public Affairs Officer at the Commission for Racial Equality (Scotland).

Political career[link]

He was first elected to parliament in the 2000 Falkirk West by-election, which was prompted by the resignation of Dennis Canavan. On election he served as a member of the Scottish Affairs and the Procedures Select Committees at Westminster. Joyce retained his seat in the 2001 general election, and was elected to the enlarged Falkirk constituency in the 2005 general election. At each general election, Joyce has increased his majority, although his percentage share of the public vote fell at the 2005 election.^[9]

From 2003 Joyce served as a Parliamentary Private Secretary (PPS) to a number of British Government ministers. He resigned as the Parliamentary Aide to Bob Ainsworth on 3 September 2009 citing concerns over the war in Afghanistan.^[10] He had previously been PPS to John Hutton during three of Hutton's cabinet posts: when he was the Secretary of State for Defence; Secretary of State for Business, Enterprise and Regulatory Reform and Secretary of State for Work and Pensions. Prior to that, Joyce served as the parliamentary aide to ministers Mike O'Brien MP, when O'Brien was the Minister for Energy at the Department of Trade and Industry and Margaret Hodge MP, Minister for Industry and the Regions at the Department of Trade and Industry.

Joyce has persuaded the Treasury to change the child benefit regulations to remove a discrepancy that disadvantaged young Scottish FE students relative to their peers in the rest of the UK.^[11] In April 2008 Joyce became the first European parliamentarian to be granted an opportunity to address the newly-formed Parliament of the Democratic Republic of the Congo, when he visited the DRC as the chair of the all-party parliamentary group on the Great Lakes Region of Africa with other members of the group.^[12] In September 2008, Joyce was criticised by local government councillors for describing the name of the new Clackmannanshire Bridge as "unimaginative" and "parochial".^[13] The naming of the bridge was reported as a contentious matter.^[14][15] In September 2008 Joyce was banned from driving for six months after clocking up 12 points on his driving licence.^[16]

He is also the author of a Fabian pamphlet titled Arms and the Man: renewing the armed services,^[17] edited Now's the Hour!: new thinking for Holyrood and has served as Chair of the National Executive of the Fabian Society.

In September 2011 he contributed to the book What next for Labour? Ideas for a new Generation; his piece was entitled "It's a Sin".^[18]

Parliamentary record[link]

Joyce most often puts his questions in the House of Commons chamber to the Scotland Office, Department for International Development, Foreign and Commonwealth Office, Northern Ireland Office, and Ministry of Defence.^[19] While a Parliamentary Private Secretary Joyce was expected to vote with the Government,^[20] but even when not, he has not broken the Labour whip in Parliament.^[21] Joyce is not currently a member of any Parliamentary Select Committees but has been a member of several public bill committees.^[19]

Joyce, along with fellow MPs Tom Harris and Jo Swinson, regularly uses the social networking tool Twitter during Parliamentary business including the Prime Minister's Questions to encourage constituents to feel involved with parliamentary proceedings. Despite such activities being permitted under parliamentary rules, the MPs in question have received criticism from some sections of the media for what is perceived to be a lack of participation in the parliamentary proceedings while they are using the social networking tools.^[22] Joyce is an advocate of new media in politics. He regularly blogs on current issues concerning House of Commons and the Government in WordPress.^[23] He regularly communicates with the public on Twitter and his blog.^[23]

Expenses claims[link]

Joyce was the top-claiming Member of the House of Commons for the 2005–06 Parliamentary Session, claiming £174,811 in expenses, of which 62% was for staff and office costs.^[24] After the 2005–06 Parliamentary Session, he made a public pledge to cut his expenses. Subsequently, during the 2006–07 Parliamentary Session, he moved down to 11th on the list of MPs' expenses and allowances.^[25] However, he once again rose to the top of the expenses list for the 2007–08 Parliamentary Session with £187,334.^[26]

Joyce was the first MP to claim more than £1 million cumulatively in expenses.^[27] In October 2007 Joyce claimed £180 for three oil paintings. When asked why he had used taxpayers' funds in such a way he replied "because they look nice."^[28] In May 2009, tabloids reported Joyce was seeking advice from HM Revenue and Customs regarding £40,000 in unpaid capital gains tax on the sale of his London home, which he had designated as his second home under the Second Homes Allowance scheme. The house had been sold for a £133,000 profit.^[29] When asked what he would do were he asked to repay the money, Joyce stated he would "suck it and see."^[30][31]

Drink driving[link]

On 18 November 2010 Joyce was arrested for failing to provide a breath test following a motoring incident in Falkirk. He pleaded guilty in court the following day and was fined £400 and banned from driving for a year. Joyce resigned from his position as Shadow Northern Ireland Minister and apologised for his behaviour.^[32]

Assault in a Westminster bar[link]

Joyce was arrested at 22:50 on 22 February 2012 in Parliament by the Metropolitan Police on suspicion of committing assault. He was described as having gone 'berserk', hitting 'at least three MPs, including a Labour whip'.^[33] He headbutted and punched the Conservative MP Stuart Andrew,^[34] after hitting Labour Assistant Whip Phil Wilson while Wilson was attempting to restrain him. He also assaulted Basildon Conservative Councillor Luke Mackenzie and Thurrock Conservative Councillor Ben Maney, both of whom were attempting to break up the incident.^[35] The disturbance occurred at the Strangers' Bar (reserved for MPs and their guests).^[1]

On 23 February he was charged with three counts of common assault and released on bail.^[36] A fourth charge was added on 9 March, and he pleaded guilty to all four charges.^[37] Fined £3,000 and ordered to pay £1,400 in compensation to his victims, he avoided a custodial sentence, and stated that he intends to complete his current term as an MP.^[37]

In a statement before the House of Commons on 12 March 2012, he apologised personally to his victims and said he had resigned from the Labour Party.^[2]

Alleged relationship[link]

The Daily Record on 1 March 2012 reported that Joyce had had a relationship with a seventeen-year-old schoolgirl who had worked for his 2010 general election campaign. The MP, a father of two, had separated from his second wife before the May 2010 election. Of the alleged affair Scottish Labour leader Johann Lamont said: "This is a man who has abused his position of power and authority. I’m disgusted, regardless of any other issues. I think this makes Eric Joyce unfit to stand for the Labour Party." In response Joyce said he would step down at the next general election.^[38][39]

References[link]

External links[link]

• Eric Joyce on Twitter
• Eric Joyce MP on Ask Aristotle from The Guardian
• Falkirk survey Survey carried out by Eric Joyce that covered 1/5 of the households in his constituency