Procedure in the High Court
There are well established procedures that are followed in the High Court.
Cases held in the High Court are held before a judge and a jury. At an earlier hearing, the charges are read out and the accused is asked to plead guilty or not guilty:
- If the plea is guilty the judge may pass sentence there and then.
- If the plea is not guilty, a trial is organised.
At the trial, the prosecution and the defence make speeches, produce evidence and call witnesses. The judge then sums up the case to the jury and advises them on points of law relevant to the case. The jury discuss the case in private, which can last several days in complex cases, then return to the court to announce their verdict.
What are the possible verdicts in Scottish courts?
Scottish criminal trial courts can deliver one of three possible verdicts - one of conviction (‘guilty’) and two of acquittal (‘not proven’ and ‘not guilty’). In 2024, it is expected that the Victims, Witness and Justice Reform (Scotland) Bill will become law which will abolish (get rid of) the ‘not proven’ verdict.
Guilty
A ‘guilty’ verdict means that, after listening to and studying the evidence, the jury (or sometimes just a sheriff or judge) has found the defendant (the accused) to be guilty ‘beyond all reasonable doubt’ of the crime they are charged with.
If someone is found guilty of a crime, it is then up to the sheriff or judge who presides or oversees the case, to decide what punishment, if any, is given to the defendant.
Note: In 2024, as part of the Victims, Witness and Justice Reform (Scotland) Bill (source) only two-thirds of jurors in a jury case (8 from 12 people) need agree to find the accused guilty.
Not guilty
A ‘not guilty’ verdict means that the jury, after listening to and studying the evidence, has found the defendant to be not guilty of the crime they are charged with and they can walk free.
Not proven
The ‘not proven’ verdict is unique to Scotland and has in the past been controversial. Not proven means that the jury believes the accused may have committed the crime but does not have sufficient evidence beyond all reasonable doubt to return a guilty verdict.
In 2024, it is expected that the Victims, Witness and Justice Reform (Scotland) Bill (source) will become law which will abolish (get rid of) the ‘not proven’ verdict.
If the verdict is guilty, the judge sentences the accused. If the accused is found not guilty or the charge is 'not proven' he or she is discharged and in principle cannot be tried for the same offence again.
