1. Scottish Criminal Justice
Lecture 6: Scottish Criminal Court Procedure

2. 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

3. 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?

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

5. 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.

6. 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

7. (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

8. 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.

9. 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.

10. 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

11. 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

12. 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.

13. 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

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

15. 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

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

17. 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

18. 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

19. 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

20. 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.

21. 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.

22. 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.

23. 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.