U2- The Scottish Criminal Justice System Flashcards
What are the 3 types of court in Scotland that deal with different levels of offending?
The High Court of Justiciary
The Sherrie Courts
Justice of the Peace Courts
What is the High Court of Justiciary?
The highest criminal court in Scotland and deals with the most serious crimes.
Presided over by the Lord Justice General and the Lord Justice Clerk and has a jury of 15
This court also deals with all criminal appeal cases
For all appeals at least 2 judges will preside but this may increase to 5 in complex cases
What is the maximum fine that a High Court of Justiciary can impose?
Their sentencing powers are unlimited
When dealing with crimes such as murder, statute dictates that life imprisonment is imposed
Describe the Sherif Courts
A Sherif who is an experienced solicitor or advocate presides over trials here
Most civil and criminal cases in Scotland are dealt with in a Sherif Court
A guilty verdict can be referred to the High Court of Judiciary for sentencing if the Sherif decides that the crime merits a more severe sentence
Describe a solemn case
These are more serious cases such as violent assault. A jury will sit in these cases
The maximum sentence available to a Sherif is 5 years imprisonment and/ or an unlimited fine
Describe a summary case
These offences could include breach of the peace
There is no jury, the Sherif decides wether the accused is innocent or guilty and if the later, will decide on an appropriate sentence
The maximum punishments they can impose are 12 months imprisonment and/ or a fine of £5000
Describe a Justice of the Peace Court
A law court where the JP is supported by a legally qualified clerk
The court deals with less serious offences such as theft, drunk and disorderly and traffic fences
What are the maximum sentences that a JP can impose?
60 days imprisonment or a fine not exceeding £2500
What is the Court of Session?
Scotlands supreme civil court
It sits in Edinburgh
It is both a trial court and a court of appeal
Although most civil cases take place at Sherif Court level, high profile cases involving large companies or sizeable sums of money are heard at the Court of Session
What is the UK Supreme Court?
Regarded as the UKs highest court
It argues that it can judge Scottish appeals if the accused if appealing under European Court of Human Rights legislation
What are the 3 verdicts in Scottish courts?
Guilty
Not guilty
Not proven
What does a ‘not guilty’ verdict entail?
Means that the accused is found innocent, and until recently could not be prosecuted again on that same charge.
However following changes in England a new double jeopardy act allows a second trial if compelling new evidence appears
Describe double jeopardy
The legal principal that prevents people being tried for the same crime twice
What does a ‘not proven’ verdict entail?
This is unique to Scotland
The accused is free to go but with the implication that they have escaped conviction only because of some doubt or lack of evidence
