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Essays in Criminal Law in Honour of Sir Gerald Gordon$
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James Chalmers and Fiona Leverick

Print publication date: 2010

Print ISBN-13: 9780748640706

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748640706.001.0001

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Crown Counsel: From Sir Archibald Alison to Lord Brand

Crown Counsel: From Sir Archibald Alison to Lord Brand

Chapter:
(p.286) 16 Crown Counsel: From Sir Archibald Alison to Lord Brand
Source:
Essays in Criminal Law in Honour of Sir Gerald Gordon
Author(s):

Robert S Shiels

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748640706.003.0027

This chapter examines the role of Crown counsel. The position of Crown counsel is pivotal in the system of public prosecution in Scotland. By whatever means the authority of Crown counsel is manifest in practice, individually or collectively they constitute the controlling mind of the system of public prosecution. In the period under consideration all Crown counsel were members of the Bar but their independence from the remaining parts of the legal system (essentially the solicitors) meant that they constituted a core executive, responsible for co-ordinating and arbitrating both prosecution policy in the general sense, decisions as to proceed to trial or not, and the actual conduct of cases in the High Court of Justiciary.

Keywords:   Crown counsel, public prosecution, Scots law, prosecution policy

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