Criminal courts in Scotland
Watch this video to see the different types of courts in Scotland.
Scotland's court system
There are three types of criminal courts in Scotland. Each deals with certain types of crimes, has fixed powers of punishment and operates in its own way.
The criminal justice system in Scotland includes the police, the courts and the prison service.
What is the Procurator Fiscal?
In Scotland, if the police find evidence of criminality, it is the job of the Crown Office and Procurator Fiscal Service (COPFS) to decide whether to prosecute (take legal proceedings against) an individual. If the Procurator Fiscal (PF) decides the evidence is strong, then the accused may be asked or cited to appear in court.
In court, the accused is known as the defendant. In most court, especially if serious cases, they will be represented by a lawyer who speaks and acts on their behalf. Every accused in Scotland has the right to legal representation should it be required. Every accused person is also innocent until proved guilty in a court of law. These are fundamental rights in Scots law.
| Court | Types of Crime | Maximum Sentence | Who decides? |
| Justice of the Peace Court | Minor offences: failure to pay fines, minor assaults, thefts, etc | Jail sentence of up to 60 days imprisonment and fines | Justice of the Peace |
| High Court | Serious offences: murder, rape, robbery | Life imprisonment or unlimited fines | Jury |
| Sheriff Court | Serious and minor offences: eg theft and serious driving offences | Jail sentence of up to two years or unlimited fine (if Jury Court) | Jury (or, in some cases, Sheriff alone) |
| Court | Justice of the Peace Court |
|---|---|
| Types of Crime | Minor offences: failure to pay fines, minor assaults, thefts, etc |
| Maximum Sentence | Jail sentence of up to 60 days imprisonment and fines |
| Who decides? | Justice of the Peace |
| Court | High Court |
|---|---|
| Types of Crime | Serious offences: murder, rape, robbery |
| Maximum Sentence | Life imprisonment or unlimited fines |
| Who decides? | Jury |
| Court | Sheriff Court |
|---|---|
| Types of Crime | Serious and minor offences: eg theft and serious driving offences |
| Maximum Sentence | Jail sentence of up to two years or unlimited fine (if Jury Court) |
| Who decides? | Jury (or, in some cases, Sheriff alone) |
The criminal justice system in Scotland includes the police, the courts and the prison service.
What are Justice of the Peace Courts?
As the lowest level of the criminal court system, Justice of the Peace Courts handle much less serious crimes such as breach of the peace, minor assaults, road traffic offences and petty theft.
Cases are dealt with by a bench of one or more lay justices.
Lay justices have no legal qualifications but take advice from a legal advisor.
Lay justices can impose custodial sentences of up to 60 days and fines of up to £2,500.
What are Sheriff Courts?
There are sheriff courts throughout Scotland to deal with crimes that are too serious for a Justice of the Peace Court but not serious enough for a High Court. However based on new evidence being provided, a Sheriff can refer the case to the High Court.
There are two types of proceedings in sheriff courts:
- Summary proceedings deal with less serious crimes. The verdict is decided by the sheriff, who can impose a maximum sentence of 12 months imprisonment or a fine not exceeding £10,000.
- Solemn proceedings deal with more serious crimes. The verdict is decided by a jury of 15*. There is no limit to the fine a sheriff can impose but they can only impose a maximum sentence of five years. They can refer the case to the High Court if they feel a longer sentence is required.
*As part of the Victims, Witnesses, and Justice Reform (Scotland) Bill which is expected to become law in 2024, it is proposed to reduce the number of jurors from 15 people to 12 people.
What is the High Court of Justiciary?
The High Court is Scotland's highest criminal court. Edinburgh, Glasgow and Aberdeen have permanent High Court buildings. The High Court deals with the most serious crimes such as treason, murder, rape, armed robbery, drug trafficking and sexual offences involving children.
Trials in the High Court can be lengthy. Cases can often take weeks or sometimes months as there can often be a great deal of witnesses and evidence to be heard.
What is the Court of Appeal?
For criminal cases in Scotland, the Court of Appeal is the highest court in the country.
What is the Court of Session / UK Supreme Court?
For non-criminal court cases (civil cases) the highest court in Scotland is the Court of Session although appeals can be heard in the UK Supreme Court.
