Criminal Process and Sources Flashcards
Where do criminal trials take place in Scotland (in descending order of seriousness) ?
The High Court of Justiciary
Sheriff court
Justice of the Peace courts
Where are appeals heard in Scotland?
The High court (final) or Sheriff Appeal court
On what circumstance would an appeal reach the UK Supreme Court
Compatability with European Convention on Human Rights (ECHR)
What court would typically hear a case of muder?
High Court of Justiciary
Where are the majority of criminal cases heard at first instance ?
The Sheriff court
Describe a summary procedure
Cases are tried by a judge without a jury, there may also be a Sheriff or (lay) Justice of the Peace
Describe a solemn procedure or “trial on indictment”
Cases are tried by a judge with a jury of 15. Cases are heard in either the High fourt or Sheriff court. If accused is acquitted by jury, the prosecution cannot appeal.
What are the three verdicts given in Scots law?
Guilty, not guilty and not proven
Describe the verdict of “not proven”
Functionally identical to not guilty verdict. It is an acquittal
What are the main sources of Scottish Criminal Law?
Case law**, legislation* and institutional writers
When can criminal legislation of the Scottish Parliament touch on reserved matters?
invalid UNLESS its purpose is to make criminal law ‘apply consistently to reserved matters and otherwise’ (Scotland Act 1998 s.29(4))
