How does a trial by jury work?
A jury in Scotland consists of 15 adults chosen at random. Anyone on the electoral register can be called for jury service. Jurors are not paid for their work but can claim expenses such as loss of earnings.
A simple majority of jurors is required for a guilty verdict to be returned - eight out of 15 jurors must agree that the defendant is guilty.
In 2024, it is expected that the Victims, Witness and Justice Reform (Scotland) Bill will become law. This will reduce the number of jurors at a criminal trial.
At least eight of the 12 jurors will need to agree that the accused is guilty for them to be convicted.
Members of a jury must be between 18 and 70 years of age. Certain people do not have to do jury service – these include ministers of religion, lawyers and police officers.
A person cannot sit on a jury if they have been on probation within five years or have been sentenced to prison, a detention centre or undertaken community service within the previous ten years.
What are the advantages and disadvantages of trial by jury?
Trial by jury is one of the strong points of the Scottish legal system. However, some people have asked whether some of the cases that go before juries might not be better dealt with by judges. One reason for this is the cost. Jury trials cost thousands of pounds and it is argued it would be cheaper if judges decided. However, others believe that trial by jury is a basic human right which gives people a fair trial.
Different types of punishment for crimes
Judges decide the punishment for someone who is convicted of an offence. The punishment is called a sentence or a disposal. There are various types of sentences with different aims, as outlined in the table below.
| Idea of sentencing | Aim of this sentence | Examples of punishment |
| Retribution | To make the offender reflect, eg life in prison for murder | Sentence proportionate to crime |
| Protection of the public | To protect society by making an offender incapable of committing further crimes | Jail sentence of up to two years or unlimited fine (if Jury Court) |
| Deterrence | To put off the offender from re-offending and to put off others from committing crimes | Prison sentences and heavy fines |
| Rehabilitation behaviour | To change the offender | Prison or an alternative that aims to change offenders |
| Reparation | To compensate the victim | Compensation orders |
| Idea of sentencing | Retribution |
|---|---|
| Aim of this sentence | To make the offender reflect, eg life in prison for murder |
| Examples of punishment | Sentence proportionate to crime |
| Idea of sentencing | Protection of the public |
|---|---|
| Aim of this sentence | To protect society by making an offender incapable of committing further crimes |
| Examples of punishment | Jail sentence of up to two years or unlimited fine (if Jury Court) |
| Idea of sentencing | Deterrence |
|---|---|
| Aim of this sentence | To put off the offender from re-offending and to put off others from committing crimes |
| Examples of punishment | Prison sentences and heavy fines |
| Idea of sentencing | Rehabilitation behaviour |
|---|---|
| Aim of this sentence | To change the offender |
| Examples of punishment | Prison or an alternative that aims to change offenders |
| Idea of sentencing | Reparation |
|---|---|
| Aim of this sentence | To compensate the victim |
| Examples of punishment | Compensation orders |
Punishments or disposals
When someone is found guilty of a crime after a trial in court, sheriffs or judges have a range of punishment or disposal options including:
- A warning
- A financial penalty or fine
- A requirement to carry out unpaid work (Community Payback Scheme)
- A restriction of liberty order (RLO) where a person is fitted with a tag and their freedom is limited
- A Drug Treatment and Testing Order (DTTO) where someone’s criminal behaviour is linked to drug misuse
- A prison sentence
In making a decision on a punishment or disposal, the sheriff or judge will take account of a range of factors including the following:
- the age of the defendant when the crime took place
- their previous criminal record if they have one
- the extent to which the defendant displays regret for their criminality
- most importantly, the seriousness of the crime
Increasingly judges or sheriffs also take account of what disposal is most likely to ensure that someone found guilty does not reoffend later in their life.
