Scots law is its own separate legal system from England & Wales, with its own courts, its own rules of evidence, and its own words for things. It can feel like learning a new language at the worst possible time – so here are some of the key differences worth knowing.
Solemn and summary procedure. Instead of England & Wales’s “either way” and indictable offences, Scotland splits cases into summary (heard by a sheriff alone) and solemn (heard with a jury) procedure.
Not proven. Scottish juries and judges can return one of three verdicts: guilty, not guilty, or not proven. A not proven verdict has the same legal effect as not guilty – the accused is acquitted – though it’s a verdict that remains controversial, and there have been ongoing calls to get rid of it.
The Procurator Fiscal. There’s no direct equivalent to the Crown Prosecution Service in Scotland – instead, the Procurator Fiscal (part of COPFS) is involved right from the investigation stage, and decides whether to prosecute.
Corroboration. Uniquely in the UK, Scotland generally needs evidence from at least two independent sources to convict – a single confession or a single witness, on its own, usually isn’t enough.
If you come across a legal term you don’t recognise, it’s always worth asking your solicitor to explain it in plain English – there’s no such thing as a silly question when your liberty is at stake.