Lesson 15.2 - Introduction to the Criminal Justice System Flashcards
Who are the key individuals forming COPFS?
- Lord Advocate
- Solicitor General
- Advocates-Depute
- Procurator Fiscal
What are the types of courts that the 4 criminal courts can be divided into?
- Solemn Courts (Jury)
- Summary Courts (No Jury)
What are the two types of Solemn Courts?
- High Court
- Sheriff and Jury Court
What are the two types of Summary Courts?
- Sheriff Summary Court
- Just of the Peace Court
Just of the Peace Definition
Lay magistrates who sit in the lowest tier of court. They have no formal legal training and are volunteers.
Summary Sheriffs Definition
They are legal qualified, their powers are more restricted than a Sheriff or Sheriff Principal. They can sit in the Justice of the Peace Court or in the Sheriff Summary Court, but not in the higher court.
What types of cases are heard in Sheriff Summary Court?
- Theft
- Assault
- Road Traffic
What types of cases are heard in Justice of the Peace Court?
- Petty Thefts
- Crimes of Disorder
- Minor Assaults
- Breaches of the Peace
State the term for the first time a summary case is called in court.
Pleading Diet
If the accused pleads not guilty, name the 2 diets the case progresses to in order.
- Intermediate Diet
- Trial Diet
What types of cases must the High Court hear?
- Some RT, including causing death by dangerous driving
- Murder
- Rape
- Treason
- Breach of Duty by a Magistrate
- Deforcement of a Messenger and Arms
`How many members of the public are part of the Jury?
15
Who are excluded from Jury Duty?
- Those who have served a prison sentence of 3 months or more against others
- Those involved in the administration of Justice
Police Officers
What types of cases are prosecuted in a Sheriff and Jury Court?
- Assaults of a Serious Nature
- Sexual Assaults
- Drugs Supply
- Armed Robbery
- Serious Traffic Offences