Scottish Criminal Justice Lecture 5: Scottish Criminal Courts

Today’s questions How is the court system structured in Scotland? What sentencing options do Scottish Courts have?

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

Solemn/Summary Solemn Covers the most serious cases Tried in either the High Court of Justiciary or Sheriff Court In High Court, before a judge and jury In Sheriff Court, before a Sheriff and jury Summary Covers less serious cases Tried in either the Sheriff Court or Justice of the Peace Court In Sheriff Court, before a Sheriff In JP Court, before a Stipendiary Magistrate, a Justice of the Peace sitting alone or a bench of 3 JPs

High Court of Justiciary Sits as court of first instance (hearing guilty pleas and trials); and as a court of criminal appeal Has jurisdiction over crimes committed anywhere in Scotland Presided over by the Lord Justice General, Lord Justice Clerk, and 30 Lord Commissioners of Justiciary Solemn procedure - judge plus jury of 15 Sentencing powers are unlimited

Scottish Criminal Cases Review Commission Court of Appeal Appeal Accused Crown on leniency Scottish Criminal Cases Review Commission

Miscarriages of justice Scottish Criminal Cases Review Commission (SCCRC) established in 1999 Miscarriages can be relating to conviction or sentence Decides whether 1) a possible miscarriage of justice has occurred; and 2) it is in the interests of justice to refer the case back into the Criminal Justice System.

Miscarriages of Justice “The Ice Cream Wars” "It's been difficult to get here and there is no jubilation, there's no happiness because I feel there are only losers in this case. Everybody has lost. The Doyles have lost their family, we've lost our lives in prison and for 20 years justice has lost. And the people of Scotland have lost the justice system."

Solemn 5 years Unlimited fine Summary 12 months £10,000 fine

RECAP The accused. The procurator fiscal. The Sheriff. Who gets to decide whether the Sheriff Court tries under Solemn or Summary Procedure? The accused. The procurator fiscal. The Sheriff.

Sheriff Courts

The types of cases tried in Sheriff Court include culpable homicide, assault, sexual offences, fatal accident inquiries, breach of the peace, and firearms.

Sheriff Appeal Court Criminal court established 2015 Deals with summary criminal proceedings from both the sheriff and justice of the peace courts. Civil court established 2016

Justice of the Peace Courts Replaced the previous district courts Generally presided over by Justices of the Peace (not legally qualified), sitting with legally qualified clerk Sit alone or in threes (known as benches) Maximum sentence is 60 days and £2,500 fine; they can also impose both mandatory and discretionary disqualifications in road traffic matters (this is new). In Glasgow, the JP courts are presided over by summary sheriffs previously Stipendiary Magistrates. They are legally qualified, and have the same summary sentencing powers as Sheriffs (12 months imprisonment and £10,000 fine). Deal with offences like drink driving, dangerous driving and assault.

Specialist Courts Children’s Hearing System Drug Courts Youth Courts Domestic Abuse Courts Children’s Hearing System

Children's Hearing System Based on the Kilbrandon ethos of welfarism A panel of 3 lay people from the community. Children are referred if: Are beyond the control of parents carers At risk of moral danger Been the victim of an offence, including physical injury or sexual abuse Likely to suffer serious harm to health or development through lack of care Is misusing drugs, alcohol or solvents Has committed an offence Is not attending school regularly without a reasonable excuse Is subject to an anti social behaviour order and the sheriff requires the case to be referred to a children's hearing panel. The panel are not there to determine guilt but to find the best solution fo rthe child.

Drug Courts Introduced in October 2001 in Glasgow and in August 2002 in Fife (closed in 2014) Offer treatment based options outwith the traditional court setting Drug Treatment and Testing Order (DTTO) Reduce drug use and drug related offending behaviour Positive evaluation results

Youth Courts Introduced in 2003 in Hamilton and Airdrie. Objectives Reduce the frequency and seriousness of re-offending by 16 and 17 year old offenders, particularly persistent offenders (and some 15 year olds who are referred to the court); Promote the social inclusion, citizenship and personal responsibility of these young offenders while maximising their potential; Establish fast track procedures for those young persons appearing before the Youth Court; Enhance community safety, by reducing the harm caused to individual victims of crime and providing respite to those communities which are experiencing high levels of crime. Introduced in 2003 in Hamilton and Airdrie. Cost roughly £700,000 a year. Funding removed in 2015 and youth courts abolished.

Domestic Abuse Court Launched in 2004 and based in Glasgow due to the high incidence of such crimes there Dedicated team of fiscals and sheriffs who attend this court Deal with cases quickly, within 6 weeks. Relieves some of the pressure on the other courts Multi-Agency approach

Types of sentences available

Sentences Monetary Community Custodial

Monetary sentences Fines Compensation orders

Community sentences Community payback Drug Treatment and Testing Order Football banning orders Restriction of liberty orders

Custodial sentences Determinate prison sentence Detention Life sentence Order for lifelong restriction Extended sentence

Other sentences Absolute discharge Admonition Caution Deferred sentence

Beyond reasonable doubt Verdicts Guilty Beyond reasonable doubt Not guilty Not proven

The Not Proven Verdict & Corroboration Covers only the essential facts of the case Evidence must come from more than one source Direct or indirect sources Confession needs corroboration unless it includes facts only known by perpetrator

Changes to Corroboration Criminal Justice (Scotland) Bill “If satisfied that a fact has been established by evidence in the proceedings, the judge or (as the case may be) the jury is entitled to find the fact proved by the evidence although the evidence is not corroborated”.

Next Week Next week is a reading week and no lectures or seminars will be taking place.