Deciding whether to prosecute
Where there is enough evidence in the case, the Procurator Fiscal will considers a number of additional factors when deciding whether criminal proceedings should take place. These are set out in full in our Prosecution Code, but include:
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Seriousness of the offence
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Length of time since the offence took place
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Interests of the victim and other witnesses
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Age of the offender, any previous convictions and other relevant factors
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Local community interests or general public concern
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Any other factors at his discretion, according to the facts and circumstances of the case
Reasons for decisions:
Where a Procurator Fiscal decides to take no criminal proceedings in a case or to accept an adjusted plea of guilty, the victim can ask for an explanation of the decision and this will be provided.