1. The Courts System in Scotland
Scotland has had its own unique legal system for many years, dating back
to the medieval era. The 1707 Act of Union, which abolished the Scottish
Parliament, allowed Scotland to have a very different criminal justice
system from that of England and Wales.
There are two types of court in Scotland: Criminal and Civil. For the
purpose of this unit we will only examine Criminal Courts.
There are two types of criminal justice procedure in Scotland:
Solemn Procedure - trial before a Sheriff or a judge and a jury
(used for serious offences)

Summary Procedure – trial before a Sheriff, Magistrate or Justice of
the Peace WITHOUT a jury (used for less serious offences) 96% of
all criminal cases are dealt with under Summary procedure.
The choice of whether a case will be tried and whether it will be under
Solemn or Summary procedures is made by the Procurator Fiscal.
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2. Scottish Criminal Courts

The Scottish Court of Criminal Appeal

Judges from the High Court of the Judiciary hear
appeals.

High Court of the Judiciary

Most serious crimes eg. Murder, rape, armed
robbery, drug dealing. Solemn procedure with a
judge and a jury. Maximum penalties = unlimited
fines to live imprisonment.

Sheriff Courts

More serious offences eg. Theft, assault,
possession of drugs. Summary procedure with
Sheriff alone or Solemn procedure with Sheriff and
jury. Maximum penalties = Summary - £10,000
fine to 12 months imprisonment. Solemn Procedure
– unlimited fine to 3 years imprisonment.

Justice of the Peace Courts

Minor offences eg. Breach of the peace, petty
theft, drunk and disorderly. Summary procedure
with Justice of the Peace alone. A JP is not a
lawyer, but has a Legal Clerk for advice. Maximum
penalties = £2,500 to 60 days in prison
Individual Task – The Scottish Courts System
Answer in sentences
1. What is the difference between Solemn and Summary
procedure?
2. Explain the differences between the different criminal courts
in Scotland.
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3. Verdicts in Scottish Courts
Scottish criminal trial courts can deliver one of three possible verdicts:
Guilty = Conviction

Not Guilty = Acquittal

Not Proven =Acquittal
A guilty verdict means what it says: the jury after listening to and studying
the evidence, has found the defendant to be guilty ‘beyond all reasonable
doubt’ of the crime he/she is charged with and will be punished
appropriately.
Likewise, a not guilty verdict means that the jury, after listening to and
studying the evidence, has found the defendant to be not guilty of the
crime he/she is charged with. The defendant can walk free.
The not proven verdict is unique to Scotland, and has in the past been
controversial. Essentially, not proven means that the jury believes the
accused may have committed the crime but does not have enough evidence
to prove it.
Arguments For & Against the Not Proven Verdict
For




It is important that everyone is
innocent until proven guilty,
beyond all reasonable doubt.
The not proven is a sensible
decision. Sometimes a jury really
cannot be absolutely sure
whether someone ‘did it’
Evidence in criminal cases can be
confusing and contradictory for
jurors. They must be allowed to
say that the evidence is not
conclusive.
Jurors can have prejudices.
They can be influenced by the
media. The not proven verdict
ensures that jurors decide on the
evidence and require a high
burden of proof.
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Against




Not proven leaves a stain on the
character of those who are
actually innocent, but also means
guilty people can walk away.
Not proven is not a proper
decision, it is a ‘cop out’
Not proven leaves the families of
victims with a sense of injustice.
Not proven is outdated. These
days we have forensic and
genetic evidence to prove guilt.
Jurors should be able to come to
a decision based on the evidence.

4. Pleading In Scottish Courts
Most people who are charged with a crime and have to appear in court
choose to be represented by a defence lawyer. Those who cannot afford a
defence lawyer may be entitled to Legal Aid. It is not compulsory to be
represented in court by a lawyer but it is normally highly advisable! Few
people are knowledgeable enough about the law to represent themselves
properly in court.
In most cases, the accused will either plead guilty or not guilty to the
charge. If the accused pleads guilty, there is no trial and the judge can
decide on an appropriate punishment. The judge must consider reducing the
punishment if the accused admits to the crime: this can be up to a third of
the maximum sentence available.
If, on the other hand, the accused pleads not guilty, a trial date is set.
This gives both the defence and the prosecution time to organise their
case.
It is possible for a defendant to change their plea as the case continues.
If he/she changes their plea to guilty the case will end and the judge will
pass sentence.
Individual Task – Verdicts & Pleas
1. State and explain the three verdicts available in Scottish
courts.
2. Do you agree with the use of the not proven verdict?
Justify your decision.
3. What is the benefit of pleading guilty at trial?
4. What happens if a defendant changes his/her plea during
trial?
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5. Sentencing
When a person is found guilty in Court they are convicted and sentenced.
Sentencing can be either:
Custodial - The convicted person is sent to prison. There are 16
prisons in Scotland service approximately 8000 prisoners. Prisons
include Barlinnie and Shotts (male prisons) and Cornton Vale (female
prison)

Non-Custodial – The convicted person is given a punishment that
allows them stay in at home:-

Fines – When the convicted person has to pay money as a result of
their crime. The maximum fine is £10,000

Probation – When a criminal is given a certain amount of time when
they will be expected to be on their ‘best behaviour’ In other words
if they commit anymore offences during a set time frame they will go
straight to prison. The time frame is usually two years.

Community Service – A way for the convicted person to ‘pay back’
their community for their crime. This may include gardening or
maintenance work, litter picking or graffiti clean up.

Electronic Tagging – The convicted person will wear a tag around their
ankle. This tag is connected to an electronic box that allows for
authorities to make sure that limits are being followed. For example,
if the convicted criminal has been told that they are under house
arrest and not allowed to leave their home the tag will immediately
send an alarm if they leave their property. The police will then arrest
them and they will find themselves back in front of a judge.
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6. Arguments For & Against Custodial Sentencing


For
For serious crimes, prison is the only
option-murder or rape. In these
types of cases prison is essential to
ensure the dangerous individual is
locked up and communities are kept
safe.
Allows victims and/or the families of
victims to feel a sense of justice.
Prison means paying for your crime!


Against
Prison is expensive. The average
annual cost of keeping someone is
prison is £32,000! This is a huge
cost to taxpayers.
Prison doesn’t work! Prison should act
as a deterrent to people committing
more crimes. However, over 95% of
people who go to prison reoffend and
go back again.
Arguments For & Against Non-Custodial Sentencing


For
More successful rehabilitation rate.
The number of people who reoffend
after completing a non-custodial
sentence such as Community Service
is far lower than prison.
Its cheaper than prison. For
example, the annual costs of tagging
a person is only £2000


Against
Difficulties carrying out noncustodial sentencing. For example,
criminals removing the tags or
refusing to pay fines etc.
Victims and family members see noncustodial sentencing as ‘getting away’
with a crime. They see any
sentence other than prison as an
injustice.
Individual Task – Custodial vs Non-Custodial Sentencing
Create a spider diagram showing the different types of punishments available in Scotland.
Exam Practise
Nat 4
Describe one argument for and one argument against a custodial sentence.
(4 marks)
Nat 5
Explain, in detail, the arguments for and against a custodial sentence.
(8 marks)
Nat 4
Describe one argument for and against a non-custodial sentence.
(4 marks)
Nat 5
Explain, in detail, the arguments for and against a non-custodial sentence.(8 marks)
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