Court can feel like a world of its own, full of unfamiliar names and processes – so here’s a plain-English guide to how it works in Scotland.
Criminal cases here aren’t brought by the police, but by the Crown Office and Procurator Fiscal Service (COPFS). A procurator fiscal – a public prosecutor – looks at the police report and decides whether there’s enough evidence to bring a case, and which court it should go to.
Corroboration. Scots law has a rule that’s quite distinctive: the prosecution generally needs evidence from at least two independent sources before a case can go ahead – for example, an eyewitness plus CCTV, or forensic evidence plus a statement.
Which court? Scotland has three levels of criminal court:
- Justice of the Peace Courts – for the least serious cases, no jury, with a maximum sentence of 60 days’ imprisonment or a £2,500 fine.
- Sheriff Courts – where most cases are heard, either “summary” (no jury, up to 12 months or a £10,000 fine) or “solemn” (with a jury, up to 5 years).
- The High Court of Justiciary – for the most serious crimes, such as murder or rape, with a jury and no upper limit on sentence.
Pleading. At an early hearing, the accused will be asked to plead guilty, not guilty, or the case may carry on without a plea while things are prepared. If it goes to trial, a sheriff or judge (and in solemn cases, a jury) will reach a verdict of guilty, not guilty, or not proven – a third verdict that’s unique to Scotland, which has the same practical effect as not guilty.