Week 1: Court Systems

Question 1

Justice of the peace court - what offences does it deal with? what is the maximum length it can order? what is the maximum fine it can impose?

Answer 1

Deals with just summary criminal offences

Offences such as motoring offences, breach of the peace, assault, theft and shop-lifting.
They hear one third of criminal cases in Scotland

Has the power to issue a custodial sentence.
What’s the maximum length it can order?
A: Two months.
What’s the maximum fine a JP can impose?
A: £2,500

Question 2

Sheriff court - what offences does it deal with? Does it see summary or solemn proceedings? Does it hear civil cases?

Answer 2

Deals with solemn crimes such as assault, theft, sexual assault, burglary and summary crimes such as petty theft motoring crimes and shoplifting

An accused can be dealt with by a sheriff and a jury – these are called solemn proceedings
OR only by a sheriff – these are called summary proceedings

Can also hear civil cases

Question 3

What is a civil case?

Answer 3

Usually disputed in front of a sheriff or a judge who will make a ruling
can be heard in the Sheriff court or the Court of sessions, depending on the complexity or value of the case.
if it’s worth more than £100,000 it can go to court of sessions
If a jury is required, then a jury of 12 members will make a verdict
12 is an even number – balance of probabilities
jury of 12 may be required in a fraud, defamation or false imprisonment case

Question 4

Reporting restrictions during a preliminary hearing

Answer 4

Petition – face petition in the chambers before a sheriff.
All journalists can report here is the accused’s name and the charges
At this stage, bail will be granted or denied
Preliminary diet - Again, journalists are not allowed into this hearing, but a copy of the shorthand notes taken can be asked for or the journalist can ask the procurator fiscal or defence for this information.
Plus contempt of court is ‘active’ – any evidence that is reported could substantially prejudice the case and influence the potential jury.

Question 5

What is an Indictment?

Answer 5

An indictment is a court document which sets out the charges against the accused in solemn cases.

Accused people are said to be charged ‘on indictment’ in solemn cases.
Less serious charges are brought ‘on summary complaint’.

Question 6

What is a petition?

Answer 6

Petition– In criminal cases, a petition sets out the charges against the accused and starts the formal court process. It is also a document used to begin certain types of civil court cases.

This petition is held in private at the earliest court stage of a serious criminal prosecution.

Question 7

What are the Solemn Time Limits?

Answer 7

The trial must start within 12 months of the accused’s first appearance on petition; otherwise he/she must be discharged and cannot be charged with the same offence unless the delay has been caused by failure to appear or an extension has been granted by the court.

Question 8

What does a solemn hearing look like?

Answer 8

• A jury of 15 will deliver a verdict if the accused pleads ‘not guilty’.
• First appearance of the accused is usually on petition in front of a sheriff.
• the prosecutor may begin proceedings by petition before deciding whether to prosecute on indictment.
• This is usually heard in private with no journalists allowed
• The procurator fiscal will then give journalists a sheet containing the name of the accused and a list of charges
• All that can be published/broadcast at this stage is the accused’s name (unless under 18) and the charges brought forward by the procurator fiscal.

Question 9

remanded in custody

Answer 9

When a person is remanded in custody it means that they will be detained in a prison until a later date when a trial or sentencing hearing will take place.

Question 10

What offences does the High Court deal with and what is the maximum jail sentence and fine?

Answer 10

Deals with offences such as murder, serious assault, rape, serious fraud etc.

What’s the maximum length of jail time it can impose?
A: Life
What’s the maximum fine a high court judge can impose?
A: Life imprisonment

Question 11

Supreme Courts

Answer 11

High court of Justiciary, (criminal)

Court of session (civil)

Question 12

Types of litigation that would be dealt with in a sheriff court acting as a civil court

Answer 12

breach of contract 
recovery debt 
defamation 
personal injury 
negligence 
trespass breach of statutory duty
possession proceedings by landlords against tenants
bankruptcy 
family law cases 
care proceedings involving children

Question 13

Sheriff court: Solemn proceedings

Answer 13

The jury agrees on a verdict.

The sheriff then decides on the most appropriate sentence.

More serious – assault, serious theft, fraud

What is the maximum amount of money a sheriff can fine someone for in this type of case?

A: Unlimited

What is the maximum amount of time in jail that a sheriff can impose for this case?

A: Five years

Question 14

Sheriff court: Summary proceedings

Answer 14

The sheriff decides on a verdict and then the sentence.

Minor crimes – petty theft, drunk & disorderly, breach of the peace, driving offences etc.

What is the maximum amount of money a sheriff can fine someone for in this type of case?

A: £10,000

What is the maximum amount of time in jail that a sheriff can impose for this case?

A: 12 months

Question 15

High court verdict are made by who?

Answer 15

The jury agrees on a verdict (guilty, not guilty or not proven).

The judge then decides on an appropriate sentence.

Question 16

Maximum sentence and fine for a Summary hearing sheriff court?

Answer 16

• Can you remember what the maximum custodial sentence and fine that a sheriff could issue in a summary case at the Sheriff Court?
• 12 months and £10,000

Question 17

What is the lead up to a summary hearing?

Answer 17

• If the accused pleads ‘not guilty’ then a date is set for trial.
• If the accused is refused bail then the trial must commence within 40 days of his/her first appearance in court.
• An intermediate diet must be held three weeks before the trial diet.
• The accused can still plead guilty at the intermediate diet and his/her sentence will be reduced.

Question 18

What is an intermediate diet?

Answer 18

• A hearing in summary criminal proceedings which allows the court to check whether the case is likely to proceed on the date assigned for trial.
• A purpose is to minimise inconvenience to witnesses etc. if the trial is adjourned.

Question 19

what happens when bail is refused after first appearance on petition solemn proceedings?

Answer 19

Bail can be sought after – if refused, then the accused will be detained for eight days for further enquiries.

Second hearing ( full committal diet ) then heard and then bail refused or granted.

If bail is refused, journalists are not allowed to disclose the reason why until the end of the trial because by giving a reason, could prejudice a trial.

Question 20

What is a full committal diet?

Answer 20

The second appearance in court for an accused who was remanded in custody after the first appearance on petition for further examination.

It takes place in private.

The accused will be granted bail or remanded in custody until the trial.

Question 21

What is a preliminary hearing?

Answer 21

This is a hearing for solemn proceedings going to the high court of justiciary, to decide if both parties - the prosecution and the defence - are ready to go to trial. Some legal or factual issues may also be determined at this stage.

Question 22

What is the difference between a petition and an indictment?

Answer 22

The petition is the list of charges that the accused will face right at the beginning of the proceedings.

First formal court date and is usually a private hearing.

Served on accused before first court appearance/following (arrest and) charge

Accused not required to tender a plea to charge(s) in petition

The indictment is the final list of charges which will be presented by prosecutors at the preliminary hearing and then at the start of the trial.

Indictment must be served within 80 days days of the accused being fully committed in custody

Trial will be on charges in indictment if accused pleads not guilty

Question 23

What are the three verdicts in a criminal case?

Answer 23

Guilty
Not guilty
Not proven

Question 24

Value of a civil case?

Answer 24

As of 22nd September 2015, cases with a value under £100,000 must be heard in the Sheriff Court – however cases which involve a sum exceeding £100,000 may be raised in either the Sheriff Court or the Court of Session.
There is a procedure for Sheriffs to remit the most complex low value cases to the Court of Session if thought fit.

Question 25

how is a civil case filed for?

Answer 25

• Pursuers lawyer sends a copy of the summons to the defender
• Period of grace given to the defender in order to allow them time to seek legal advice (called an induciae)
• once the period is over, pursuer’s solicitor lodges the “process” with the court offices
• Case then appears on the Court of Session calling list, which is the first public announcement of the action
• If a defender does not defend, a court will decide for the pursuer
• Exceptions – divorce or declarator of death
• Grounds of action should be proved by sufficient evidence
• Written claims are put in a “single record” known as the “record”
• The defender answers each numbered paragraph with his/her defence or evidence
• The “open record” stage is when written pleadings are made. Both parties can change information on the record
• After the parties have completed their adjustments, a “closed record” is then printed and added to the process
• This is followed up by a preliminary hearing which decides the course of action

Question 26

summary of civil trial proceedings?

Answer 26

summons > lodging of process > case in calling list (first public announcement) > appearance > defences > open then closed record > proof or jury trial

Question 27

What kind of cases do civil trials deal with?

Answer 27

Divorce, defamation, copyright, tresspass

Question 28

What kind of cases does JP deal with?

Answer 28

petty theft, shop-lifting, motoring offences, breach of the peace

Question 29

What kind of cases does a summary sheriff and a solemn sheriff trial deal with?

Answer 29

Summary sheriff trial: petty theft, motoring offences, shop-lifting
solemn sheriff trial: assault, burglary, fraud

Question 30

what kind of cases does the court of sessions deal with?

Answer 30

serious civil cases more complex and usually worth more than £100,00

Question 31

Appeals… who appeals to who?

Answer 31

sheriff appeal court hears appeals from the JP court and summary criminal proceedings in the sheriff court

High court appeal court hears appeals from high court of justiciary criminal proceedings and sheriff criminal proceedings

court of sessions inner house appeal court sees appeals from civil jurisdiction in sheriff court and civil jurisdiction from the outer house of the court of sessions

Question 32

What are the different types of court?

Answer 32

Justice of the Peace court (summary criminal jurisdiction only)
Sheriff court (summary and solemn criminal proceedings, as well as civil(
High court of justiciary (solemn criminal only)
Court of session (civil)