Scottish Criminal Justice Lecture 6: Scottish Criminal Court Procedure

Aims of today Be able to describe what happens when a case goes to court Be able to describe the composition and role of the jury Be able to describe the system of bail that is currently in place in Scotland

Recap Provide short answers to the following questions: What is the main difference between a solemn and a summary case? Where are solemn cases heard? Where are summary cases heard? Who decides where a case will be heard? Does the procurator fiscal always have to send a summary case to court?

Alternatives to prosecution Police Report Procurator Fiscal Prosecution Solemn Summary Alternatives to prosecution High Court Sheriff and Jury Sheriff Summary JP Court

Preparing a case The procurator fiscal decides whether a case should go to court. This decision is based on amount of evidence. There must be 2 independent pieces of evidence: such as: Eye witness stories Finger print evidence Other forensic or scientific evidence Any decision to prosecute will be based on public interest.

Custody or Cited First diet Guilty Sentencing Not guilty Intermediate diet Trial diet Summary procedure On the day of the first diet or later if the judge decides to ask for a social enquiry report Final appearance in court where the judge decides on guilt or innocence and passes sentence First appearance in court where the accused pleads guilty or not guilty Second appearance in court where the prosecution and defence agree that they are ready to proceed to trial

(also known as preliminary hearing) First diet Guilty Sentencing Not guilty Trial diet Solemn procedure The Sheriff will also check whether the defence and prosecution have all their witnesses and are ready to proceed to trial case. Final appearance in court where a verdict is reached and a sentence is given

Solemn procedure Before the case comes to court: The Sheriff has the right to examine the accused and ask for a statement (judicial examination). This appearance before the judge is known as appearance on petition. The local fiscal office will conduct further investigations of witnesses and forensic evidence (precognition) If following the judicial examination and the precognition, the procurator fiscal is reassured that the case should indeed be tried under solemn procedure they will prepare and serve the indictment.

REMEMBER! In solemn procedure, the accused will see the judge for the first time during the judicial examination stage. This is when the get the first opportunity to plead guilty. This is also when they may get remanded to custody until their trial happens.

Who can serve on a jury Selected at random from the electoral register to ensure diversity No right to object to selection without giving reason They must be 18 or older They must have lived in the United Kingdom for a period of at least five years since the age of 13 Court and police staff are ineligible Anyone serving a criminal conviction is barred Permanently barred if sentenced to a period of imprisonment of five years or more

Jury trials Trials of solemn cases are heard by a Sheriff and Jury. Jury comprises of 15 members (selected randomly from all those called on the day). Majority vote is sufficient. (8/15). No need for an explanation. Remember the rule of corroboration. Once both the crown prosecution and the defence have presented their cases the crown and the defence give their closing speeches this is their last chance to remind the jury of the evidence that has been presented. It also gives the defence team the opportunity to challenge the evidence and the witness brought to bear. After this the sherrif then addresses the If there is any reasonable doubt then

No Case to Answer Once the crown has put forward their case the crown can ask for a No case to Answer. The prosecution and defence put forward a legal case each on the legality of the proceedings. If in favour of defence the case is stopped.

Jury verdict Members of the jury are under oath After both sides have presented their cases the judge will “charge” the jury = will tell the jury what the law is which applies to the case Decide on questions of fact, not questions of law Advise that the burden of proof is on the Crown and the standard of proof is one beyond all reasonable doubt

Advantages & Disadvantages of a Jury System Jury Equity Open system of justice Balance against state interference Secrecy Impartiality privacy Training Legal advisor media

Double jeopardy A person who has either been found guilty or acquitted of an offence cannot be prosecuted for that same offence (double jeopardy). 3 Exceptions in Scotland Perverted course of justice Guilt admitted after acquittal New evidence

The case of Chris Williams You Be the Judge The case of Chris Williams

Decision on bail/remand When the accused first appears before the Sheriff In summary cases at the first diet In solemn cases at the judicial examination and pleads not guilty the case will proceed to trial. At that stage, the Sheriff will have to decide whether: To set the accused free and order them to appear on a later date To put the accused on bail with or without conditions To put the accused on supervised bail To remand the accused in custody

Bail Cases cannot always be dealt with at first calling – the person may be released on bail before the next appearance Bail (Scotland) Act 1980 Release granted on conditions that need to be met Presumption in favour of bail

Standard bail conditions The standard of conditions of bail are that the accused: Appears at the appointed time at every diet Does not commit an offence while on bail Does not interfere with witnesses or otherwise obstruct the course of justice Makes himself/herself available for the purposes of enabling enquiries

Additional bail conditions Extra bail conditions can be set – e.g., stay away from victim, adhere to a nightly curfew, or reside in a bail hostel. Breach of bail conditions constitutes a criminal offence that may be punished by a fine or a period of imprisonment because of breach of trust of the court.

Remand The accused had no fixed address, the accused might interfere with witnesses, commit another offence, or abscond (escape) and not turn up for trial.

Supervised Bail Those who would normally be put on remand (imprisoned while waiting trial) are released on bail on the condition that they meet with a bail supervisor a specified number of times per week.

Class Test Two options available for sitting test: The test is sat as a class in the university within a lab. The test is opened for 24 hours and you can sit it at any time during the 24 hours. Please remember you only get one attempt and once the test starts then you must complete it.