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Archive for the ‘Lord Advocate; Procurator Fiscal; Aberdeen; Grampian Police; Andrew McIntyre; Crown Office’ Category

SK-H014 – from Andrew McIntyre Crown Office Procurator Fiscal 30-Jul-2009

Posted by Greg Lance - Watkins (Greg_L-W) on 30/07/2009

SK-H014 – from Andrew McIntyre Crown Office Procurator Fiscal 30-Jul-2009

Subject: RE: Hollie Greig
Date: Thu, 30 Jul 2009 09:15:08 +0100
From: PSCECA@copfs.gsi.gov.uk
To: bluesmangreen@hotmail.com

Dear Mr Green,

I refer to your e-mail of 27 July in which you express concern because my letter to you was written on behalf of the Lord Advocate and your complaint included reference to the Lord Advocate’s role in 2000 at the Procurator Fiscal’s Office in Aberdeen. Thank you for clarifying the nature of your concern in this regard. I have now had the opportunity to make further enquiry about the case with the Procurator Fiscal’s office at Aberdeen.

The current Lord Advocate was not appointed as the Regional Procurator Fiscal at Aberdeen until 21 July 2000 which was after the decision in this case was taken. Indeed there is no information contained in the records to suggest that the current Lord Advocate had any involvement in this case at any time.

I appreciate, however, that your principal concern relates to the outcome of the investigation and the fact that there has been no prosecution. As I explained in my last email and in our telephone conversation, Grampian Police are continuing to investigate aspects of the case and for that reason I cannot comment on the case or the reasons for any decisions taken thus far. It might be helpful, however, if I explain in general terms how such decisions are taken in Scotland.
When the Procurator Fiscal receives a report of a crime from the police he or she must consider:

whether it is in the public interest to prosecute;

A number of factors may be taken into account when assessing the public interest and these are set out in the Prosecution Code which can be accessed from this link: http://www.copfs.gov.uk/Publications/2001/05/prosecutioncode.

whether there is sufficient admissible evidence in law.

In Scotland, each of the essential elements of the crime requires to be proved beyond a reasonable doubt and on the basis of corroborated evidence which means that there must be evidence from at least two sources to prove that the crime took place and that the accused person was the perpetrator. The Crown has no power to prosecute where the available evidence in the case does not meet that standard.

I have ensured that the Procurator Fiscal at Aberdeen is aware of the particular concerns which you have raised in this case and I can assure you that if any new information is reported to the Procurator Fiscal, it will be considered with the utmost care.

I hope that you are reassured by the information which I have been able to provide.

Andrew McIntyre
Head of Victims and Diversity

Policy Division
Crown Office and Procurator Fiscal Service

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