Timed Question Explain, in detail, three factors which cause crime in the UK. 8  14 mins

The Scottish Justice system

Success Criteria I can I can I can To understand the structure of the court system within Scotland. To identify which crimes would be dealt with at the various levels of the judiciary Success Criteria I can I can describe the structure of the court system in Scotland. I can organise which crimes would be dealt with at the various different courts which exist in Scotland. I can I can

Criminal Law and Civil Law Think Pair Share – what specific kinds of cases would be covered by civil law? The law in Scotland can be split into two main categories: criminal law and civil law Criminal Law relates to criminal offences like murder, arson, fraud and armed robbery Civil Law includes disputes between individuals and businesses Divorce, business debts, compensation awards, tenant and landlord disputes, custody battles etc

Scotland has had a unique court and criminal justice system that is very different to that within the rest of the UK. However Some people believe that this verdict is unfair as it leaves the accused without the label of ‘innocent’ even although they have not been labelled ‘guilty’ The main difference is that Scottish courts allow the ‘not proven’ verdict. This is when there is not enough evidence to prove a person guilty but there remains suspicion that they are not entirely innocent.

The Procurator Fiscal When a crime is committed, and the police have charged someone with a criminal offence, the details of the case are then passed onto the Procurator Fiscal who looks at the evidence and decides whether or not to go ahead with the prosecution. The current Procurator Fiscal for Glasgow is Ms Moira Orr.

Justice of the Peace Court Each court deals with different offences depending on the seriousness of the crime. COPY Major offences The High Court Sheriff Court Minor offences Justice of the Peace Court

Scotland's Legal System Two types of criminal justice procedure; Solemn procedure – most serious cases which may lead to trial in front of a judge and jury (15 people). Summary procedure – less serious offences, may lead to trial before a sheriff or in justice of the peace courts. 96% of criminal cases in Scotland are dealt with under summary procedure, no jury. https://www.youtube.com/watch?v=AapXRGVmZ8E

The structure of the court system in Scotland

Justice of the peace court Justice of the peace courts were created in 2008 to replace district courts. This is the lowest level of the criminal court and they deal with relatively minor crimes such as; Animal cruelty Minor road traffic offences Minor assaults The proceedings take place in front of a lay magistrate and no jury. The maximum fine is £2500 and they can impose a maximum of a 60 day sentence https://www.youtube.com/watch?v=AapXRGVmZ8E Lay magistrate- community appointed and usually not a legally qualified judge. However, this individual will have been trained in criminal law and procedure.

Sherriff Court The Sherriff court deals with more serious offences. This court will deal with any crime that happens in that specific “sherrifdom”. As the crimes tend to be more serious, the court often uses summary procedure or solemn procedure depending on the case. The Sheriff Court deals with the majority of cases heard in Scotland, and the biggest courts in major cities can hear hundreds of cases per day – Glasgow Sheriff Court is the busiest court in Europe! There is a jury of 15 and a Sheriff to preside over the hearing Violent assault, drug dealing and robberies would be heard here It can issue an unlimited fine or a maximum of 5 years in prison

Sherriffdoms The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 created 6 sheriffdoms in Scotland: Glasgow & Strathkelvin Grampian, Highlands & Islands Lothian & the Borders North Strathclyde South Strathclyde, Dumfries & Galloway Tayside, Central & Fife Each sherriffdom contains one or more Sherriff court and a number of justice of the peace courts

Example: Derek Carrick was found guilty of child neglect in 2018 by the Glasgow Sheriff court.He is still waiting to be sentenced for his crime. This was decided under Solemn procedure.

Summary procedure- This is for the less serious offences heard by the Sheriff Court, such as drink driving, most anti-social behaviour and assaults The cases are heard by a Sheriff who decides on verdict and sentencing There is no jury Example: In 2013, MSP Bill Walker was jailed for the maximum 12 months after being convicted of domestic violence against 3 former wives If a Sheriff ever feels that a harsher sentence is necessary, they can refer the case to the High Court of the Justiciary. Where a higher sentence will be handed out

High Court The High court is Scotland’s highest criminal court. The court only conducts trials under Solemn procedure and a legally trained judge. The jury is made up of 15 men or women. How are jury's chosen? - Jurys are chosen from the electoral register; anyone who is over 18, has lived in the UK for at least 5 years since the age of 13, and is not currently ineligible can be summoned for jury duty.

The High Court deals with crimes such as; The High Court usually sits in Edinburgh but also travels to different parts of Scotland; it has permanent buildings in Aberdeen and Glasgow. The High Court will use Sherriff Court buildings in various cities such as; Stirling, Perth and Dumfries. The High Court deals with crimes such as; Murder Rape Armed robbery Serious drug related crimes such as; Drug trafficking Sexual offences involving children

Example: In 2014, Angus Sinclair was sentenced to 37 years in prison before he can apply for parole for the “World’s End Murders” in 1977. In difficult cases, such as a highly public murder trial, there will be 3 judges sitting. The high court has unlimited sentencing powers in terms of imprisonment and fines. https://www.supremecourt.uk/live/court-01.html https://www.youtube.com/watch?v=cWH9IG9te_M

The Court of Session This is the highest civil court in Scotland It deals with only the most complex and highest value civil cases The Court is found in Parliament Square, Edinburgh, and is home to 34 judges It hears both cases and appeals in civil law Example: The Court of Session ruled in a case between the Scottish Government and the Scotch Whisky Association that minimum pricing for alcohol was within the legal power of the Government to implement

Justice of the Peace Court The Justice of the Peace Court deals with the least serious offences in the criminal justice system