Thematic report on the International Co-operation Unit

Academy of European Law (ERA)

A non-profit public foundation based in Trier in Germany that provides training in European Law to legal practitioners. It includes most EU members and is supported by the EU. It organises conferences and seminars around Europe.

Advocates Depute

Advocates Depute are experienced prosecutors appointed by the Lord Advocate. Advocates Depute prosecute all cases in the High Court and present appeals in the Appeal Court.

Band G Legal Manager

Senior legal manager.

Bring-Up (B/U)

Term applied to an administrative process of ensuring case files are followed up for review on a specific date.

Commonwealth Law Ministers Meeting

A tri-ennial international conference for Law Officers from across the Commonwealth.

Commonwealth Network of Contact Persons (CNCP)

A network to facilitate international co‑operation in criminal cases between Commonwealth Member countries.

Crown Office and Procurator Fiscal Service (COPFS)

The independent public prosecution service in Scotland. It is responsible for the investigation and prosecution of crime in Scotland. It is also responsible for the investigation of sudden, unexplained or suspicious deaths and the investigation of allegations of criminal conduct against police officers.

COPFS Federation Structure

COPFS is organised into four Federations, each led by a Procurator Fiscal. All operational work is managed within the East, West and North Federations. The fourth federation is the National Federation, led by the Director of Serious Casework Group. It includes a number of specialist units including ICU and all corporate functions. Within the operational Federations, work is split into four specialist areas: decision-making on what action to take on receipt of reports from the police and other agencies, prosecution in the summary courts, prosecution in the Sheriff Court by a jury, and the investigation of cases that will be prosecuted in the High Court.

COPFS Knowledge Bank

An information database containing legal and non-legal guidance.

Council of the European Union

An EU institution where the Member States' government representatives meet to adopt laws and co-ordinate policies. Its functions include concluding international agreements and developing common foreign and security policy.

Crown Counsel

The Law Officers and Advocates Deputes.

Custody

When a person is kept in prison or a police cell.

Depute

A legally qualified prosecutor.

Director of Serious Casework Group (DSCG)

Senior Civil Servant in charge of COPFS Serious Casework Group which incorporates a number of specialist operational units including ICU, the High Court Unit, Serious and Organised Crime Division and the Scottish Fatalities Investigation Unit.

Domestic Warrant

A document from the court enabling the police to arrest a person within Scotland accused or convicted of a crime.

Eurojust

An agency of the European Union (EU) dealing with judicial co‑operation in criminal matters to improve the fight against serious crime by facilitating co-ordination of action for investigations and prosecutions across more than one member state. It is composed of national prosecutors, magistrates, or police officers of equivalent competence, detached from each Member State according to their own legal systems. The seat of Eurojust is in The Hague.

European Arrest Warrant (EAW)

A document from the court enabling the police to arrest a person within the EU accused or convicted of a crime.

European Judicial Network (EJN)

A network of national contact points for the facilitation of judicial co-operation in criminal matters between the member states of the European Union.

European Union (EU)

An economic and political partnership between 28 European countries.

Europol

The EU's law enforcement agency. It operates as a major centre of expertise in key fields of law enforcement activity and as a centre for strategic intelligence on organised crime.

Extradition

The action of handing over a person accused or convicted of a crime at the request of another jurisdiction to that jurisdiction or where a person is returned at the UK's request to stand trial or serve a custodial sentence.

Extradition Act 2003

The Act makes provision for a system where each of the UK's extradition partners is in one of two categories: Part 1 territories (EU states, Norway and Iceland) or Part 2 territories (all other states).

Extradition from a Part 1 territory is sought by issuing a European Arrest Warrant (EAW). Extradition from a Part 2 territory involves making a request in accordance with Treaty or Convention arrangements.

Extradition offence

An extradition offence is where the alleged criminal conduct would constitute a crime in the executing State. (Dual criminality). In Scotland, such an offence must carry a penalty of at least 12 months' imprisonment. If the offence falls within the EU Framework and has a penalty of at least three years' imprisonment then dual criminality does not need to be established.

Forum

Level of court proceedings with more serious offences being heard by a jury and less serious offences heard by a single judge.

Heads of Prosecuting Agencies Conference (HOPAC)

A bi-annual conference bringing together the heads of prosecution agencies to discuss current issues and the challenges faced by modern prosecution services in both an international and domestic context.

Hearing

Any part of criminal proceedings that takes place in a court.

Ibero-American Network for International Legal Co-operation (IberRed)

A network of contact points from Justice Ministries, Central Authorities, Prosecution Departments and General councils of the 22 Ibero-American countries. Its purpose is to enhance civil and criminal judicial co‑operation.

ICU Live

Electronic system used in ICU to record the Unit's cases and case information.

Indictment

A court document that sets out the charges the accused faces in solemn proceedings.

International Assistance Unit (IAU)

Part of the National Intelligence Bureau of Police Scotland and is responsible for the handing over of a person accused or convicted of a crime to the jurisdiction of the foreign state in which the crime was committed.

International Association of Prosecutors (IAP)

A non-governmental and non‑political organisation of prosecutors committed to promoting and maintaining ethical good practice by prosecutors internationally. It advocates and supports international co-operation between prosecutors and efficiency in mutual assistance, asset tracking and other international co-operative measures.

International Co‑operation Resource Depute (ICRD)

Legally qualified prosecutors who are the initial point of contact for outgoing requests from the Federations relating to Mutual Legal Assistance or extradition and who, with the assistance of ICU, provide guidance on international matters locally.

International Co‑operation Unit (ICU)

The International Co-operation Unit of COPFS functions as the central authority in Scotland for all aspects of international criminal co‑operation.

International Letters of Request (ILoR)

The formal process of requesting and obtaining evidence from another country.

International Liaison Magistrates (ILMs)

Magistrates appointed by each Member State of the EU. They are experienced prosecutors whose function is to facilitate extradition and Mutual Legal Assistance between countries by forming direct links with judicial authorities in the host country.

International Society for the Reform of Criminal Law (ISRCL) - Interpol

Interpol is the world's largest international police organisation. It facilitates international police co‑operation and assists organisations and authorities engaged in the prevention or combat of international crime and terrorism.

International Warrant

A document from the court allowing the police to arrest a person in countries not within the EU alleged to have committed a criminal offence or having been convicted to be sentenced.

Key Performance Indicators (KPIs)

A type of performance measurement. An organisation can use KPIs to monitor how well it is performing in relation to specific aspects or activities of its work and whether it is meeting its goals and objectives.

Law Officers

The Lord Advocate and the Solicitor General for Scotland.

Live-link

Provision for a witness residing out of the UK to give evidence via a live television link in criminal proceedings in the High Court or Sheriff Court in the UK.

Lord Advocate

The Ministerial Head of COPFS. He is the senior of the two Law Officers, the other being the Solicitor General for Scotland.

Microsoft Word

A popular word processor developed by Microsoft.

Mutual Legal Assistance (MLA)

A formal process by which countries request and provide assistance in obtaining evidence located in one country to assist in criminal investigations or proceedings in another country.

National Casework Division (NCD)

Former Unit of COPFS which dealt with reported cases involving serious crime. It was merged within the newly formed Serious and Organised Crime Division in 2011.

Petition

In criminal cases, a petition sets out the charges against the accused and starts the formal court process.

Police Scotland Fugitive Unit (FU)

A dedicated unit within Police Scotland that forms part of the Organised Crime and Counter Terrorism Command, which in turn is part of the Specialist Crime Division. Its aim is to improve international policing co-operation.

Precognition

An interview of a witness by a procurator fiscal or defence lawyer taken to prepare for a court case.

Precognition on oath

An interview of a witness by a procurator fiscal or defence lawyer taken at court in front of a judge.

Principal Depute

A legal manager.

Procurators Fiscal (PFs)

Legally qualified prosecutors who receive reports about crimes from the police and other agencies and make decisions on what action to take in the public interest and where appropriate prosecute cases. They also look into deaths that require further explanation and where appropriate conduct Fatal Accident Inquiries and investigate criminal complaints against the police.

Senior Civil Servant (SCS)

A senior official in the Civil Service equivalent to Deputy Director level and above.

Senior Depute

An experienced prosecutor who deals with more complex cases.

Serious and Organised Crime Division (SOCD)

SOCD was set up in 2011 to prioritise the prosecution of serious crime and the recovery of assets from those involved in criminal activity. It works closely with COPFS Federations and law enforcement to adopt a more strategic approach to the prosecution of serious and organised crime.

Serious Organised Crime Agency (SOCA)

A national law enforcement agency with Home Office sponsorship. It tackles serious and organised crime including covert investigations and cross-border surveillance. In 2013, its operations were merged into a larger National Crime Agency (NCA).

Sheriff and Jury

Serious criminal cases heard in the Sheriff Court by a jury.

Solemn case

Serious criminal case before a judge and jury in the High Court or Sheriff Court.

Solicitor General

The Lord Advocate's deputy. She is also a Minister of the Scottish Government.

Summary cases or business

Less serious criminal cases heard before a sheriff or a justice of the peace, without a jury.

United Kingdom Central Authority (UKCA)

The central authority responsible for processing MLA requests in England, Wales and Northern Ireland.