🚫| 4. Courts

Question 1

Types of Courts

Answer 1

• The High Court of Justiciary
• Sheriff Courts
• Justice of the Peace Courts

Question 2

Issues with Scottish Courts

Answer 2

• Confusion & Intimidation
• Delays
• Victims Needs

Question 3

Structure of Courts:

The High Court of Justiciary

4 points + example

Answer 3

• Deals with the most severe crimes
• Can give unlimited prison sentences and fines
• All trials are heard by a judge and jury
• The jury decides whether or not the accused is guilty, and the judge decides on the sentence.
• Example: former First Minister Alex Salmon was tried on 12 charges of attempted rape, sexual assault and indecent assault in March 2020 - he was cleared of all charges, and given a not-proven verdict for sexual assault with intent to rape.

Question 4

Structure of Courts:

Sheriff Courts

3 points + example

Answer 4

• Depending on the crime, sheriff courts either use solemn (sheriff & jury) or summary (sheriff only) trials
• In solem cases, the accused can get a sentence of up to 5 years in prison
• In summary cases, the maximum sentence is 12 months in prison or a £10,000 fine
• Example: In 2018, Mark Meechan was found guilty of hate crime for publishing a YouTube video which showed his dog giving a Nazi salute as well as offensive Holocaust references.

Question 5

Structure of Courts:

Justice of the Peace Courts

3 points + example

Answer 5

• They deal with less severe crimes such as road incidents
• Verdicts and sentencing are decided by the justice of the peace (JP)
• They can give a maximum fine of £2,500 or impose a priso sentence of up to 60 days
• Example: In 2018-19 35% of all convictions came from JP courts compared to 33% in 2017-18

Question 6

Issues with Scottish Courts:

Confusion & Intimidation

Answer 6

• One issue with Scottish courts is confusion and imtimidation for witnesses.
• Campaigners believe that Scottish courts are overly daunting for witnesses and can be confusing, which makes it harder for witnesses to give accurate evidence.

Question 7

Issues with Scottish Courts:

Delays

Answer 7

• One issue with Scottish Courts is delays.
• Trials can face long delays of up to 4 years, which was worsened with the Covid-19 pandemic. This can lead to witnesses forgetting key information and distress being prolonged.
• For example, a BBC article published in May 2023 said that the backlog of court cases in Scotland isn’t to be cleared until May 2024.

Question 8

Issues with Scottish Courts:

Victims Needs

Answer 8

• One issue with Scottish courts is a lack of consideration for victims needs.
• Some believe that needs of victims are not met in Scottish courts, particularly in cases of violent and traumatic events where support is strongly needed.
• For example, Labour MSP Katy Clark called for lgal representation for sexual assault victims in 2022.