Chamber and committees

The provision of guidance to prosecutors, if so advised, is a matter for the Lord Advocate as head of the system for the prosecution of crime, a function which he exercises independently of any other person. The Crown Office and Procurator Fiscal Service, for which the Lord Advocate is Ministerially responsible, receives reports about alleged unlawful evictions from Police Scotland and from local authorities acting in their capacity as Specialist Reporting Agencies. The decision as to whether or not a prosecution should be initiated in relation to any particular case falls to be taken by professional public prosecutors. Each case is considered on the basis of its own facts and circumstances, applying the tests set out in the published Scottish Prosecution Code. The Scottish Prosecution Code is supplemented by internal guidance to prosecutors in respect of specific offences. The internal guidance regarding alleged unlawful evictions in contravention of Section 22 of the Rent (Scotland) Act 1984 has been provided to prosecutors has recently been reviewed and updated. This guidance is confidential and is not published.