Charles III William, Duke of Rothesay Swinney government The Rt Hon John Swinney MSP The Rt Hon John Swinney MSP Kate Forbes MSP Sixth session Alison Johnstone MSP Angela Constance MSP Dorothy Bain KC The Rt Hon Lord Carloway KC PC United Kingdom Parliament elections European Parliament elections Local elections Referendums Starmer ministry The Rt Hon Keir Starmer MP The Rt Hon Ian Murray MP The Crown Office and Procurator Fiscal Service (Scottish Gaelic: Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin) is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government.

The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the sheriffdom procurators fiscal.

The Service employs both civil servants who carry out administrative and other duties and solicitors and advocates who represent the Crown in Court.

The office thus dates back to mediaeval times, with the earliest Lord Advocate being John Ross of Montgrenan, whom the King appointed as his commissioner at a hearing in Stirling in 1476, then as procurator for another case in Edinburgh in the following year.

[2] The history of the procurator fiscal is similarly difficult to set down with exactness, though the role has developed significantly over time.

The first documentary reference appears in the Records of the Parliament of Scotland for 22 August 1584, naming several procurators fiscal in Edinburgh.

By the 19th century, advocates depute were first appointed, to assist him in conducting cases in the High Court of Justiciary and the Crown Office was first established.

Unless the cases are of especial importance, such as the Lockerbie trial held at Camp Zeist in the Netherlands, the prosecutions are normally (but not always) led by Advocates Depute who are known collectively as Crown Counsel and are experienced members of the Faculty of Advocates normally appointed for a limited period of three years.

Additionally, the Lord Advocate, along with the Solicitor General for Scotland are ex officio entitled to participate (but not vote) in proceedings of the Scottish Parliament to the extent permitted by standing orders.

The position of Lord Advocate has been the subject of controversy, most notably sparked by Scottish High Court judges, wanting the ministerial and prosecutorial role to be separated.

The Crown Agent is the principal legal adviser to the Lord Advocate on prosecution matters, as well as serving as Chief Executive for the department.

For the majority of crimes in Scotland a procurator fiscal or fiscal depute presents the case for the prosecution in the sheriff court and justice of the peace courts, and the case for the defence is presented either by the accused's own solicitor or by one from the Public Defence Solicitors' Office, a part of the Scottish Legal Aid Board.