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From the first court appearance to sentencing and appeals, find out about the court process in Scotland.
At the start of a case the accused is asked to plead to the charge or charges they face. If the plea is not guilty, a date will be fixed for a trial when evidence in the case will be heard. This date may be several weeks ahead. The accused can plead guilty to the charges at any stage in the proceedings.
Where the accused pleads not guilty a hearing, in summary cases called an intermediate diet, is set down a couple of weeks before the trial. This is to confirm that the trial is ready to go ahead on the allocated date. If for any reason the trial cannot go ahead as planned, a new date may be fixed at this stage.
At the trial, where the accused still wishes to plead not guilty to the offence, both the prosecutor and the accused can call witnesses to give evidence. Sometimes the trial cannot go ahead on the arranged day. This can happen for a number of reasons, many of which are outwith the court’s control, for example where a witness or the accused person falls ill.
The defence does not have to call any witnesses as the burden of proof lies with the prosecution to prove the accused is guilty.
Both sides will then make closing speeches.
After all the evidence has been presented by both the prosecutor and the defence, a decision is taken on the guilt of the accused.
In the case of a Jury trial (High Court or Sheriff Court solemn), the Judge will provide any required legal advice before the 15 members of the Jury retire to consider the verdict.
In the case of a non-Jury trial (Sheriff Court summary or Justice of the Peace), the Judge will decide on a verdict.
Verdicts can be guilty, not guilty or not proven.
If the verdict is not guilty or not proven, the accused has not been found to have committed an offence and is free to leave unpunished.
If the accused has pled guilty, or has been found guilty after the trial, the court will consider the question of sentence. This might not happen on the same day. The case might be continued for several weeks for a number of reasons, for example, so that the court can ask for background reports. These reports will provide the court with additional information on the offender which will help when deciding on the most appropriate method of dealing with the case. Where a case is continued, the court will decide whether the accused is to be detained in custody, released on bail or allowed to remain at liberty, with no conditions attached.
Various sentences can be imposed by the court. These may include a sentence of imprisonment, the imposition of a fine or the issue of a community payback order, a restriction of liberty order or a drug treatment and testing order. More information about how a judge decides a sentence, and what sentences can be given in Scotland, is available from the Scottish Sentencing Council.
In all criminal cases, if the accused feels that part of the trial was unfair or that the sentence was unduly harsh, he/she can appeal to the High Court of Justiciary. The prosecutor can also appeal if they believe the sentence was too lenient.
There are time limits which apply.
It may be some time before the appeal can be heard and the accused may be released on bail pending the appeal or may remain in custody while the appeal is being dealt with. This is at the discretion of the Appeal Court.