Courts and Procedure Flashcards
What can the Justice of the Peace Court impose?
A max fine of £2500
Imprisonment of no more than 60 days
Under ‘summary procedure’ what can the Sheriff Court impose on those convicted?
A max fine of £5000
Imprisonment of no more than 12 months.
Under ‘solemn procedure’ what can the Sheriff Court impose on those convicted?
An unlimited fine
Imprisonment of no more than 5 years
Which two appeal courts are usually used in Scotland?
The Scottish Court of Criminal Appeal (3 High Court Judges)
The Sheriff Appeal Court
What is meant by an ‘Adversarial system’?
This is where there is a prosecution on one side and a defence on the other.
Why are the prosecution and the defence not equal?
As the prosecution have the burden of proof beyond reasonable doubt, which means they must prove the accused committed the crime beyond that of a reasonable doubt.
What is meant by ‘presumption of innocence’?
This is where the accused is seen as innocent until which time they are proven guilty.
In Scotland how many people make up a jury and who is exempt from sitting on one?
15 people make up a jury in Scotland and solicitors, judges and police officers are exempt.
What is the procedure in Court in solemn cases?
- Crown will call their first witness (open questions)
- The defence can question the Crown’s witnesses known as cross examination.
- Then there is the possibility of re-examination by the Crown.
- Crown will then close their case.
- Defence has the oppurtunity to call their own witnesses. (Accused can remain silent)
- Closing Speeches firstly by the Crown
- Closing Speech by the Defence
- The judge will sum up for the jury.
What is the difference between a complaint and an indictment?
A complain is used in summary cases and appears as two names (versus) each other e.g. (Smith v Smith) whereas an indictment is used in solemn cases and will be emphasised by the apperance of ‘HM Advocate’.
