Week 1b - Scottish Criminal Court Structure PDF

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Overview of the Scottish Criminal Courts...

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The Scottish Criminal Court Structure

Introduction  About the criminal courts  The criminal court structure  Justice of the Peace Court  The Sheriff Court  The High Court of Justiciary  First Instance  Appeal

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About The Criminal Courts  Criminal cases involve prosecutions  The Public Prosecution is the Procurator Fiscal (PF) or

Her Majesty’s Advocate (HMA)  Proceedings are adversarial in nature  The standard of proof is ‘beyond reasonable doubt’  The aim is to deter punish

Criminal Court Structure Highest

HIGH COURT OFJUSTICIARY, sitting as the Scottish Criminal Court of Appeal

HIGH COURT OF JUSTICIARY (solemn) SHERIFF COURT (summary and solemn)

JUSTICE of the PEACE COURT (summary) Lowest

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Justice of the Peace Court  30 District (Justice of the Peace) Courts in Scotland  Minor Criminal matters  Lay Court presided by Justices of the Peace (JP) assisted by legally

qualified Clerk of Court  Stipendiary Magistrate (Glasgow)  Sentencing Powers  Lay Magistrate / Justice: 60 days imprisonment and / or a fine up to £2,500  Stipendiary Magistrate: 12 months imprisonment and / or a fine up to

£10,000

 Appeal is to the High Court of Justiciary only.

Sheriff Court 

Jurisdiction  Most criminal offences committed within the sheriffdom  Exceptions

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Presided over by Sheriff or Sheriff Principal Summary Procedure  Most minor cases: road traffic, minor assault, minor theft…  Sheriff sits alone  12 months imprisonment and / or a fine up to £10,000

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Solemn Procedure  More serious cases: robbery, serious assault, more significant theft…  Sheriff who is the ‘master of the law’ and imposes a sentence, if required, and a jury of 15 people who are the

‘masters of the facts’ and deliver the verdict

 Verdicts: ‘Guilty’, ‘Not Guilty’ and ‘Not Proven’  5 years imprisonment and / or an unlimited fine (unless limited by statute)  Remit to High Court of Justiciary for sentencing  Appeals to the High Court of Justiciary

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High Court of Justiciary  

Highest Criminal Court in Scotland Presided by;  Lord President as Lord Justice-General,  Lord Justice-Clerk  Lords Commissioners of Justiciary

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Jurisdiction over the whole of Scotland

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Court of First Instance  Trial Court in Edinburgh and ‘on circuit’  Lord Commissioners of Justiciary sit alone with a Jury  Sentencing Powers: unlimited (unless limited by statute)  Appeals to High Court of Justiciary sitting as the Scottish Court of criminal Appeal

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Court of Criminal Appeal  Appeals against onviction, sentence, both  Powers: allow appeal, quash conviction, amend verdict, modify sentence  Authorise Crown to conduct new proceedings  Crown also has the possibility of appealing

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