Publication - Corporate report

Prosecution of young people: report

Published: 27 Nov 2018
Justice Directorate
Part of:
Children and families, Law and order

The Inspectorate of Prosecution in Scotland's thematic report on the prosecution of young people in the Sheriff and Justice of Peace courts.

78 page PDF

971.9 kB

78 page PDF

971.9 kB

Prosecution of young people: report
Key Terms

78 page PDF

971.9 kB

Key Terms

Advocates Deputes: Advocates Deputes are prosecutors appointed by the Lord Advocate. Advocates Deputes prosecute all cases in the High Court.

Appear on Petition/Committal for Further Examination (CFE): First appearance of an offender at court for more serious offences.

Bail: The release from custody of an offender until the trial or next court hearing.

Bail Conditions: Conditions imposed by the court on the offender usually designed to protect victims and the public.

Community Payback Orders: An order of the Court imposing one or more requirements of: supervision by a social worker; unpaid work; attendance at a programme; residence; mental health, drug or alcohol treatment; or conduct.[28]

Compulsory Supervision Order: An order made by a Children's Hearing placing responsibility for looking after and helping the young person with the Local Authority. It may contain conditions specifying where they are to live and other measures.[29]

Crown Counsel: Collective term for the Law Officers (Lord Advocate and Solicitor General) and Advocates Deputes.

Crown Counsel's Instructions (CCI): Instruction by Crown Counsel to Prosecutors.

Crown Office and Procurator Fiscal Service (COPFS): The independent public prosecution service in Scotland. It is responsible for the investigation and prosecution of crime in Scotland. It is also responsible for the investigation of sudden, unexplained or suspicious deaths and the investigation of allegations of criminal conduct against police officers.

Indictment: Document setting out the charges the offender faces at trial in solemn proceedings.

Jointly Reported Cases: A criminal case reported by the police to both COPFS and SCRA

Lord Advocate: The Ministerial Head of COPFS. The senior of the two Law Officers, the other being the Solicitor General.

Law Officers: The Lord Advocate and the Solicitor General for Scotland.

No Action decision: A decision made by a prosecutor not to prosecute or take any action for an offence reported by the police or other reporting agency.

Open Referral: A 16/17 year old subject to a Compulsory Supervision Order or referred to the Reporter before 16 years of age and the referral is still ongoing after their 16th birthday.

Outstanding Cases: Cases being investigated by the police or reported to COPFS where no decision on what action to take has been made.

Place on Petition: Decision by prosecutor to commence solemn criminal proceedings.

Petition: Formal document served on an offender in solemn proceedings. It gives notice of charges being considered by the Procurator Fiscal.

Procurators Fiscal (PFs): Legally qualified prosecutors who receive reports about crimes from the police and other agencies and make decisions on what action to take in the public interest and, where appropriate, prosecute cases.

Solemn Procedure: Prosecution of serious criminal cases before a judge and jury in the High Court or Sheriff Court.

Summary Proceedings: Prosecutions held in the Sheriff or Justice of the Peace Court before a judge without a jury.

Universal Services: Services that are provided to, or are routinely available to, all children and their families designed to meet their needs. (Also referred to as mainstream services.)

List of abbreviations:

1995 Act: The Criminal Procedure (Scotland) Act 1995

2011 Act: The Children's Hearings (Scotland) Act 2011


Email: Carolyn Sharp