Criminal Court Structure Flashcards
What are all the different criminal courts in Scotland?
Justice of the Peace court
Sherriff Court
High Court of Justiciary
High Court of Justiciary (Court of Criminal Appeal.
Which courts are a summary trial court?
Justice of the Peace Court only
Sherriff Court but it can also do solemn trials
Which courts are solemn trial courts?
Sherriff Court
High Court of Justiciary
What is solemn?
Judge plus jury dealing with offences brought by indictment
What is Summary
Judge sitting alone dealing with complaint.
Justice of Peace Court - what does it deal with and who sits on it?
All summary offences in district. Consists of lay justices or stipendiary magistrates. Stipendiary Mag is fully qualified lawyer of at least 5 years standing & have same powers as a Sherriff sitting alone.
What is max penalty for Justice of Peace
60 days imprisonment
Level 4 fine (£2500) in the Criminal Procedure (Scotland) Act 1995.
mandatory or discretionary disqualification for offences under s 349(5A) of Road Traffic Offenders Act 1988.
Max powers of a Stipendiary Magistrate is the same as a Sherriff so £10k and 12 months imprisonment.
Sherriff Court - what is its jurisdiction?
Any crime committed in its district except Crown crimes.
Max sentencing powers in Sherriff Court for summary case not triable either way? & triable either way but trialed summarily
£5k - 12 months imprisonment
£10,000 & 12 months imprisonment.
Trial on indictment - Sherriff Court - what offences can be trialed on indictment at sherriff court?
These will be triable either way offences.
Max sentencing powers of Sherriff Court for offence brought on indictment?
5 years imprisonment even if statute for the crime itself provides for longer. NB Sherriff can send case to High Court for sentence if he considers his sentencing powers to be inadequate in the particular case.
Max sentencing powers in High Court for offence brought on indictment
Life imprisonment
