The presiding judge in the Higher Courts is either a Sheriff or a Lord of Justiciary. The Sheriff has jurisdiction over a County and may sit both as judge and jury; that is to say, he may try cases summarily; but his Court differs materially, even when he is doing so, from that of the Burgh Magistrate. In the first place, more public attention is given to the proceedings, for the higher the Court the greater is the interest shown in its work. In small country burghs this rule may not hold good, for there the inhabitants know more of what is doing in their midst. They may be acquainted with police, judge, and offender, personally; and in that case are likely to take a lively interest in the proceedings, criticising freely all the parties and influencing powerfully the tone of the Court; but in a great city the Police Courts might as well be held anywhere for all the effective public supervision and informed criticism they receive. Then the police are not prosecutors in the Sheriff Summary Courts. The prosecution is conducted by a Procurator-Fiscal who is appointed by the Lord Advocate, and who holds his appointment for life and is not in any way under the authority of the police. The Sheriff is a man of experience in his profession, and is continually engaged in judicial work, mostly of a civil character. He is not merely or mainly engaged in dealing with criminals, and is not likely to acquire a subconscious prejudice against the defendant. The Lord Advocate is the head of the department concerned with prosecutions in Scotland, and no criminal action can be taken without his direction or concurrence. Private prosecutions at common law are practically unknown. His deputes act for him in the higher Courts and are instructed by the procurators-fiscal, who are solicitors and prosecute in the Sheriff Courts themselves. It is their duty to make enquiries into all charges with which the Police Courts are not competent to deal, and these enquiries are conducted privately. From the time a prisoner is passed on to them until he appears at the Court to plead or to be tried there are no public proceedings against him. He is brought into the Court at an early stage, the charge is read over to him, and he is asked to make a declaration. A law-agent is provided for his assistance, and he is told that anything he says by way of declaration may be used against him. The agent may advise him to say nothing and he usually does so, his declaration amounting simply to a denial of the charge. This is signed by him and read at his trial, usually closing the case for the Crown. While the declaration is being taken the public are excluded from the Court. If the Procurator-Fiscal considers that his enquiry does not justify further proceedings the charge is dropped, provided the Lord Advocate agrees; but if the authorities are satisfied there is a case for trial an indictment is served.