structures, roles and powers of courts in Scotland Flashcards
what are the three types of courts in scotland
- justice of the peace court
-sheriff court
-high court
what are the two types of procedure in Scotland
-solemn
-summary
how many people are on the jury
15
justice of the peace court
always summary procedure
less serious crimes
can fine up to£2500
can jail for 60days
sheriff court
mix of summary and solemn procedure
serious crimes
can fine up to £10000 for summary procedure
can have unlimited fines for solemn procedure
can jail for 1year summary procedure
can jail for 5 years solemn procedure
high court
always solemn procedure
most serious crimes
unlimited fines
jail for life
what courts can give community service
all courts
summary procedure
less serious crimes only a judge present
solemn procedure
serious crimes judge and jury presents
verdict means
decision
what are the three verdicts
- guilty
-non-guilty
-not proven
what are the three punishments
-custodial sentence
-community sentence
-financial penalty
what are the three roles of the court
-protect
-provide justice
-determine guilty
custodial sentence
imprisonment
for example: Aaron Campbell, Andrew Wallace, Kevin Guthrie, Ryan Haggerty
community sentence
ASBO (anti-social behavioural order)
home detention curfew (tag)
community service
for example, rufus mclean
financial penalty
someone pays money (fine)
for example, speeding
determine guilt
hears all arguments and evidence to decide if someone is guilty
for example, Natalie McGarry
punish
after determining guilt the judge must decide how someone should be punished
also takes into account previous history
for example, Rufus McLean
provide justice
responsibility to make sure the right person is convicted, and victims to be sure that the court has done anything it can to provide fairness and justice
For example, Julie Reilly’s family said they felt justice has been done
