Refresher on structures and processes of the Scottish Courts

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Refresher on structures and processes of the
Scottish Courts
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The Four Levels of Courts in Scotland

• High Court of the Justiciary
• Sheriff Court Solemn
• Sheriff Court
• Justice of the Peace Court (which replaces the
  District Court).

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The High Court of the Justiciary

• A LORD/JUDGE will preside over proceedings
• The High Court of Justiciary is Scotland's
  supreme criminal court.
• As such, it hears cases only on SOLEMN Procedure
  i.e. the most serious cases.
• The High Court is both a court of first instance
  and also a court of appeal.
• As a court of first instance, the High Court sits
  mainly in Parliament House in Edinburgh, but also
  sits from time to time in various other places in
  Scotland.
• As a court of appeal, it sits only in Edinburgh.

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Appeals made to the High Court sitting as the
Court of Criminal Appeal

• Appeals can be made from the lower courts in
  criminal cases.
• An appeal may also be made to the High Court if
  the High Court itself heard the case at first
  instance.
• Two judges sit to hear an appeal against
  sentence, and three judges sit to hear an appeal
  against conviction.
• There is no further appeal from the High Court's
  decision on appeal, in contrast to the Court of
  Session (Civil cases), from which it is possible
  to appeal to the House of Lords, the UK's highest
  court.

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Solemn Procedure

• Those charged on petition first appear in a
  closed Sheriff Court even if it is known that
  eventually the actual trial will be before the
  High Court.
• Closed Court is where no public/Social Workers
  are present.
• At this point the accused can be committed for
  further examination or fully committed for
  trial.
• The accused will be remanded in custody or
  remanded in hospital or granted bail at this
  time.
• The trial can be heard in Sheriff or High Court
  and will be heard in an open Court.

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Sheriff Court Solemn Procedure

• During the process of judicial examination the
  Crown Office will decide which Court the case
  will be heard and an indictment will be served on
  the offender.
• Sheriff Solemn can sentence up to 5yrs custodial
  or unlimited fine.
• If the Sheriff feels that the sentence options
  are not high enough he/she can remit back to the
  High Court for sentencing.
• Whether High Court or Sheriff Solemn, the case
  will be heard by Judge/Sheriff and Jury when a
  plea of not guilty is heard.

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Sheriff Summary Court

• Hears cases on summary procedure.
• A Sheriff will preside over proceedings.
• A trial will be heard by the Sheriff who
  determines the verdict of Guilty/Not Guilty/Not
  Proven. No jury is involved.

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Summary procedure

• Less serious charges
• Procurator Fiscal arranges for a complaint
  setting out the relevant charges.
• Called in open Court.
• If plea of Not Guilty is tendered then a Trail
  date is set.
• If plea of Guilt is tendered the case can be
  disposed of that day. (Unless Reports are called
  for)
• Sentence up to 12 months custodial (for each
  offence) or 10,000 fine.

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Justice of the Peace Courts

• A Justice of the Peace Court is a lay court where
  a Justice of the Peace who is not legally
  qualified sits with a legally qualified Clerk.
  The Clerk provides advice to the Justices on
  matters of law and procedure. The maximum
  sentence that a JP may impose is
• 60 days imprisonment or a fine not exceeding
  2,500 In Glasgow only, some courts are presided
  over by a legally qualified Stipendiary
  Magistrate. The maximum sentence that a
  Stipendiary Magistrate may impose is
• 12 months imprisonment or a fine not exceeding
  10,000
• Justice of the Peace Courts were created by the
  Criminal Proceedings etc (Reform) (Scotland) Act
  2007 and they replaced former District Courts
  which were operated by local authorities. This
  change resulted from Summary Justice Reform
  proposals in 2005 which sought to unify the
  administration of Sheriff and District Courts.
  The changes were introduced on a Sheriffdom by
  Sheriffdom basis from 2008-2010.

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Limitations on the Justice of the Peace Court

• Limited sentencing
• Limited financial penalty

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• Justice of the Peace Court remits to Sheriff
  Court
• Section 52A of the Mental Health (Care and
  Treatment) (Scotland) Act 2003 allows for the
  Justice of the Peace Court to remit certain cases
  to a Sheriff Court, where a person has been
  charged in a Justice of the Peace Court with an
  offence punishable by imprisonment and/or it
  appears to the Court that the person has a mental
  disorder.

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Justice of the Peace Court Disposals (Other than
Mental Health/ AWI Legislation)

• Custody length depending on type of Court
• Custody with extended sentence Indictment cases
  
• Custody with Supervised Release Order
  indictment cases
• Drug Treatment Testing Orders - not Justice of
  the Peace Court (JP)
• Restriction of Liberty Orders not JP court
• Community Service not JP Court
• Community Pay-back Order may contain MH
  treatment requirement
• Deferred Sentence for any reason usually
  between 6 and 12 months
• Fine / Compensation / Supervised Attendance
  Orders
• Admonished