Effectiveness of courts

What is the role of the Procurator Fiscal in Scotland?

The Procurator Fiscal decides whether to prosecute an individual based on evidence of criminality found by the police.

What happens if the Procurator Fiscal decides the evidence is strong?

The accused may be asked or cited to appear in court.

What is the legal status of an accused person in Scotland?

Every accused person is presumed innocent until proven guilty in a court of law.

What is the lowest level of the criminal court system in Scotland?

The Justice of the Peace Court.

What types of crimes are handled by the Justice of the Peace Court?

Least serious crimes such as breach of the peace, minor assaults, minor road traffic offences, and petty theft.

What is the maximum prison sentence that a Justice of the Peace Court can impose?

Up to 60 days.

What are Sheriff Courts responsible for in Scotland?

They deal with crimes that are too serious for a Justice of the Peace Court but not serious enough for a High Court.

What types of proceedings occur in Sheriff Courts?

Summary proceedings for less serious crimes and Solemn proceedings for more serious crimes.

What is the maximum sentence for summary proceedings in Sheriff Courts?

12 months imprisonment or a fine not exceeding £10,000.

What is the role of the High Court in Scotland?

It is the highest criminal court, dealing with the most serious crimes such as murder and rape.

What is unique about trials in the High Court?

They always have a jury and can take weeks or months due to the complexity of cases.

What happens in the Court of Appeal?

An appeal judge can confirm or quash a conviction, and in some cases, a trial can be heard again.

What is the highest court for non-criminal cases in Scotland?

The Court of Session.

What are the three possible verdicts in Scottish criminal trials?

Not guilty, not proven, and guilty.

What does a 'not guilty' verdict mean?

The defendant is found not guilty of the crime charged and can go free.

What does a 'not proven' verdict indicate?

The jury believes the accused may have committed the crime but lacks sufficient evidence for a guilty verdict.

What is expected to happen to the 'not proven' verdict?

It is expected to be abolished by the Victims, Witness and Justice Reform (Scotland) Bill due to become law in 2025.

What does a 'guilty' verdict signify?

The jury or judge has found the defendant guilty beyond all reasonable doubt.

Who decides the punishment for a guilty defendant in court?

The sheriff or judge presiding over the case.