The Scottish criminal justice system operates differently from the systems in England and Wales. Understanding how it works can help you navigate proceedings if you or someone you know is charged with a criminal offence. This guide provides a plain-English overview of the key stages in the Scottish court process.
Summary and Solemn Procedure
Criminal cases in Scotland are prosecuted under one of two procedures. Summary procedure is used for less serious offences and involves a sheriff (or justice of the peace in a JP Court) deciding the case without a jury. Solemn procedure is used for more serious offences and involves a jury of 15 in the Sheriff Court or the High Court of Justiciary. The type of procedure determines the sentencing powers available to the court.
First Appearance and Bail
If you are arrested and held in custody, you must appear before the Sheriff Court on the next court day (usually within 24 hours). At this first appearance, the prosecution may ask for you to be remanded in custody, or you can apply for bail. Your solicitor will make submissions in support of bail, addressing any concerns raised by the Crown about risk of flight, interference with witnesses, or risk of further offending. If bail is refused, you can apply again at a later date.
Intermediate Diet and Trial
In summary cases, there is typically an intermediate diet (a short hearing to confirm the case is proceeding to trial) and then a trial diet. At the trial, the prosecution presents its evidence first, and the defence has the opportunity to cross-examine witnesses and present its own evidence. In Scotland, there are three possible verdicts: guilty, not guilty, and not proven. Both not guilty and not proven result in acquittal and you cannot be tried for the same matter again.
Sentencing and Appeal
If convicted, the court will either sentence you immediately or defer sentence for reports to be obtained. Your solicitor can present a plea in mitigation on your behalf before sentence is passed. If you are convicted and believe the verdict or sentence was wrong, you can appeal to the Sheriff Appeal Court (for summary cases) or the High Court of Justiciary (for solemn cases). Charles Ferguson Solicitors can advise you at every stage of this process and represent you from first appearance through to any appeal.