In Scotland, an
advocate Depute is an advocate (
member of the Faculty of Advocates) who prosecutes serious crime for the Crown, conducting trials in the High Court of Justiciary and presenting criminal appeals in the Appeal Court of the High Court of Justiciary. They are appointed by the Lord Advocate (also styled His Majesty’s Advocate) within the Crown Office and Procurator Fiscal Service and are part of Crown Counsel.
Key functions include settling indictments, advising on and accepting pleas, instructing procurators fiscal in solemn cases, and appearing in sentence and conviction appeals and references. Senior and Principal Advocate Deputes carry additional leadership and case-management responsibilities.
The term is a long-established title of Scottish criminal practice, widely used in case law and court lists, rather than a definition created by statute.
The role is specific to Scotland. Comparable prosecutorial work in other UK and Irish jurisdictions is undertaken by CPS prosecutors or instructed counsel (England and Wales), the Public Prosecution Service (Northern Ireland) and counsel instructed by the Office of the Director of Public Prosecutions (Ireland).