The Court System

The Court System

Scotland

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The Procurator Fiscal

• After the police charge someone with a criminal offence they send the details of the case to the Procurator Fiscal who looks at the evidence and decides whether to proceed with the case.

• The Procurator Fiscal also inquires into sudden or suspicious deaths and fatal accidents

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Criminal Courts

Scottish Court of Criminal AppealJudges from the High Court of Justiciary hear appeals

High Court of JusticiaryMost serious crimes. eg. murder and rape

Solemn Procedure with judge or jury

Sheriff CourtsMore serious offences eg. theft or assault

Solemn procedure with sheriff and jurySummary procedure with sheriff

Justice of Peace CourtsReplaced district courts. Minor offences like

breach of the peaceSummary procedure with JP alone

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Maximum penalties in Criminal Court

Scottish Court of Criminal Appeals

High Court of JusticiaryEdinburgh, Glasgow and Aberdeen have permanent High Courts

Unlimited Fine/ Life imprisonment

Sheriff Courts (49 Sheriff Courts)Summary - £10,000 fine – 12 months imprisonment

Solemn – Unlimited fine – 3 years imprisonment

Justice of the Peace Courts£2,500 fine, 60 days imprisonment

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Civil CourtsSupreme Court (formerly House of Lords)

Hears appeals from Court of Sessionhttp://www.supremecourt.gov.uk/

Court of SessionOuter House – Cases involving large sums of moneyInner House – Hears appeals from Sheriff Court and

Outer House

Sheriff CourtsHears majority of Civil cases eg. small money claims,

divorce, eviction etc.

Land Courts – settles crofting/ land disputes

Tribunals – employment, immigration, property, disputes

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The Supreme Court

• UK Judicial system• For historical reasons, as a state made up of

several separate jurisdictions, the United Kingdom does not have a single unified legal system

• Instead, there is one system for England and Wales, another for Scotland, and a third for Northern Ireland.

• In most cases, The Supreme Court since 2009 sits above all of these as the final court of appeal

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The Supreme Court (2009-)The Supreme Court:is the final court of appeal for all United Kingdom civil cases, and

criminal cases from England, Wales and Northern Ireland and hears appeals on arguable points of law of general public importance. It concentrates on cases of the greatest public and constitutional importance

The Supreme Court hears appeals from the following courts in each jurisdiction:

England and WalesThe Court of Appeal, Civil Division The Court of Appeal, Criminal Division (in some limited cases) the High CourtScotlandThe Court of SessionNorthern IrelandThe Court of Appeal in Northern Ireland (in some limited cases) the High Court

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The Supreme Court UK

The Supreme Court consists of 12 Justices (Lords) supported by a professional legal and executive staff

See who’s who…

http://www.supremecourt.gov.uk/about/biographies.html

Current cases…

http://www.supremecourt.gov.uk/current-cases/index.html

Q and A on the Supreme Court…

http://news.bbc.co.uk/1/hi/uk/8283967.stm

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Sentencing passed down by Scottish Courts

http://news.bbc.co.uk/1/hi/uk/3080502.stm

Non-Custodial Sentence• Fines• Fixed penalty Notice• Supervised Attendance Order• Probation• Community Service Order• Restriction of Liberty Order (Electronic Tagging)• Drug Treatment and Testing Order• Community Reparation Order• Anti-Social Behaviour OrderCustodial sentence

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Children’s Hearing System

In Scotland children only appear in criminal court for serious offences like murder.

Cases involving children under 16 are dealt with by a Children’s Hearing (Children’s Panel)

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Referral

Hearing

Investigation

Advice or Police Warning Voluntary Programme

The outcome

Appeal

Discharge

Supervision Order

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Research Task• Build up a small sub-folder of articles on the

Scottish Court System• Write a detailed note to explain fully….

– How the civil/ criminal system operates in Scotland

– The role of a Procurator Fiscal– Any major differences with the rest of the UK– The place of the Scottish courts within the UK

system– The role of the Supreme Court– The sentences that can be passed out in Scotland– The role of the Children’s Hearing System– Other relevant information