Define: Advocate-Depute

Advocate-Depute
Advocate-Depute
Quick Summary of Advocate-Depute

Advocate-Depute: An attorney selected by the Lord Advocate to assist in the prosecution of criminal cases in Scotland.

Full Definition Of Advocate-Depute

An advocate-depute in Scots law is an advocate appointed by the Lord Advocate to prosecute criminal cases on their behalf. For instance, when a serious crime occurs in Scotland, the Lord Advocate may designate an advocate-depute to lead the prosecution. This individual collaborates closely with the police and other legal professionals to construct a case against the accused. Essentially, an advocate-depute is a government lawyer in Scotland responsible for prosecuting criminal cases under the authority of the Lord Advocate, who serves as the chief legal officer. Their role involves gathering evidence, working with law enforcement, and presenting the case in court to argue for the accused’s guilt.

Advocate-Depute FAQ'S

An Advocate-Depute is a legal professional who represents the Crown in criminal cases in Scotland. They are responsible for presenting the case against the accused and ensuring that justice is served.

Advocate-Deputes are appointed by the Lord Advocate, who is the head of the Crown Office and Procurator Fiscal Service in Scotland. The appointment is made based on the individual’s qualifications, experience, and suitability for the role.

To become an Advocate-Depute, one must be a qualified advocate or solicitor with several years of experience in criminal law. They must also possess excellent advocacy skills and a thorough understanding of the Scottish legal system.

No, an Advocate-Depute represents the Crown and acts as a prosecutor in criminal cases. They are responsible for presenting evidence against the accused and arguing for their conviction.

In court, an Advocate-Depute presents the case on behalf of the Crown, examines witnesses, cross-examines the defence witnesses, and makes legal arguments to support the prosecution’s case. They work closely with the police and other investigative agencies to gather evidence.

An Advocate-Depute has the authority to withdraw or drop charges against an accused if new evidence emerges or if it is determined that there is insufficient evidence to proceed with the case. However, this decision is usually made in consultation with the Lord Advocate.

Advocate-Deputes represent the prosecution and work on behalf of the Crown, while defence lawyers represent the accused. Advocate-Deputes aim to secure a conviction, while defence lawyers aim to protect the rights and interests of their clients.

Yes, an Advocate-Depute can appeal a court’s decision if they believe there was an error in law or if they consider the sentence imposed to be unduly lenient. Appeals are usually made to the High Court of Justiciary in Scotland.

No, Advocate-Deputes primarily handle criminal cases. Civil cases, which involve disputes between individuals or organisations, are usually handled by solicitors and advocates who specialize in civil law.

If you need to contact an Advocate-Depute, you can reach out to the Crown Office and Procurator Fiscal Service in Scotland. They will be able to provide you with the necessary contact information based on your specific requirements.

Related Phrases
No related content found.
Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/advocate-depute/
  • Modern Language Association (MLA):Advocate-Depute. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/advocate-depute/.
  • Chicago Manual of Style (CMS):Advocate-Depute. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/advocate-depute/ (accessed: May 09 2024).
  • American Psychological Association (APA):Advocate-Depute. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/advocate-depute/
Avatar of DLS Solicitors
DLS Solicitors : Divorce Solicitors

Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

All author posts