Whether the Crown Office and Procurator Fiscal Service set criteria to indicate which cases should be sent to the district court and which …

Procurators Fiscal are instructed that cases which may be competently taken in the district court should be taken there unless there is some good reason for prosecuting in the sheriff court or the Lord Advocate directs otherwise. The Lord Advocate has directed that: (a) proceedings should not be taken in the district court for a breach of a Sex Offenders Order, or any offence aggravated by a breach of a Sex Offender Order; (b) proceedings should not be taken in the district court where the prosecutor considers a Non-Harassment Order to be appropriate, and (c) proceeding should not be taken in the district court where the offence is racially aggravated or contrary to section 50A of the Criminal Law (Consolidated) (Scotland) Act 1995. The criteria for the use of alternatives to prosecution are set out in the Prosecution Code which has been published and made available on the Crown Office and Procurator Fiscal Service website.