How are Scottish courts organised?

If the police find evidence of criminality, it is the job of the Procurator Fiscal in Scotland to decide whether to prosecute (take legal proceedings against) an individual.

Types of courts in Scotland:

• Justice of the Peace Courts are the lowest level of the criminal court system.
• Sheriff courts deal with crimes that are too serious for a Justice of the Peace Court but not serious enough for a High Court.
• The High Court is Scotland's highest criminal court.
• The Court of Appeal deals with appeals made against a conviction.
• The Court of Session is the highest court in Scotland although appeals can be heard in the UK Supreme Court.

There are two types of proceedings in sheriff courts:

• summary proceedings deal with less serious crimes
• solemn proceedings deal with more serious crimes

Scottish criminal trial courts can deliver one of three possible verdicts - one of conviction (‘guilty’) and two of acquittal (‘not proven’ and ‘not guilty’).

When someone is found guilty of a crime after a trial in court, sheriffs or judges have a range of punishment or disposal options.

Under Scots law, children under the age of 12 are not held criminally responsible for their actions but can be referred to Children's Hearings Scotland. Young people aged under 16 are only tried in an adult court for the most serious crimes. The system is different from juvenile justice systems elsewhere in the UK.

Watch this video to see the different types of courts in Scotland.

If the police find evidence of criminality, it is the job of the Procurator Fiscal’s office in Scotland 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.

The court chosen depends on the seriousness of the crime.

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.

Justice of the Peace Courts are the lowest level of the criminal court system. They handle the least serious crimes such as:

• breach of the peace
• minor assaults
• minor road traffic offences
• 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.

A Justice of the Peace court can impose prison sentences of up to 60 days and fines of up to £2,500.

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. For example:

• theft
• drug possession
• most assaults

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.

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:

• murder
• rape
• armed robbery
• drug trafficking
• 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.

Cases in the High Court always have a jury. Punishments in the High Court are the most severe as there is no limit on the time someone can be sent to prison or the fine they may be given.

When an appeal is made against a conviction, it is dealt with in the Court of Appeal.

This is where an appeal judge can confirm or quash the verdict. In some cases, a trial can be heard again and sentences can be changed.

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.

Scottish criminal trial courts can deliver one of three possible verdicts - one of conviction (‘guilty’) and two of acquittal (‘not proven’ and ‘not guilty’).

There are three possible verdicts:

• not guilty
• not proven
• guilty

Not guilty

A ‘not guilty’ verdict means that after listening to and studying the evidence, the justice of the peace, sheriff or jury has found the defendant to be not guilty of the crime they are charged with and they can go 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.

It is expected that the Victims, Witness and Justice Reform (Scotland) Bill, due to become law in 2025 will abolish (get rid of) the ‘not proven’ verdict.

Guilty

A ‘guilty’ verdict means that the jury (or sometimes just a sheriff or judge), after listening to and studying the evidence, 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, what punishment, if any, is given to the defendant.

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 (ROLO) 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 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
• 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.

Young people who are in need of help are supported by the Children’s Hearing System.

The children's hearings system in Scotland is unique. The system is different from juvenile justice systems elsewhere in the UK.

Under Scots law, children under the age of 12 are not held criminally responsible for their actions but can be referred to Children's Hearings Scotland for a variety of reasons.

Young people under 16 years are only considered for prosecution in an adult court for the most serious offences.

There were 22,341 Children’s Hearings held in 2022/23 according to Children’s Hearings Scotland.

In 2024, new legislation from the Scottish Parliament is expected to come into force which will raise the age of referral to the Children’s Hearing System to include all 16 and 17-year-olds.

Children's Hearings are very different from court cases. They are held for a variety of reasons including when someone is worried about a child or young person's wellbeing, not just when a criminal act is suspected.

Their most important role is deciding the best way forward for the child/young person, not whether anyone is guilty or someone should be punished.

The mood of the meeting is as informal as possible so that the young person feels comfortable and can share their thoughts and experiences.

The hearing will be held in the area where the child/young person lives. The child's parents are expected to attend too and can be fined if they do not. Another representative can also go along, including from the media, if it is felt that they have the child's best interests at heart. Under no circumstances can the child’s identity be disclosed.

Children's Hearings are held with a group of three panel members which must be a mix of males and females. Across Scotland, there are around 2,500 panel members. All are volunteers who have been carefully selected and highly trained.

If the panel thinks that a measure of supervision is necessary it will make a ‘Supervision Requirement’. This will allow the local authority social work department to support the child/young person at home and at school. It may also mean that it is best for the child to be taken from the family home to stay with foster parents or in a local authority or voluntary organisation care home.

In Scotland it is the job of the Procurator Fiscal to decide whether to prosecute (take legal proceedings against) an individual if the police find evidence of criminality. The Procurator Fiscal also decides which court should hear a case:

• Justice of the Peace Courts are the lowest level of the criminal court system and they handle the least serious crimes such as:

  • breach of the peace
  • minor assaults
  • minor road traffic offences
  • petty theft

• Sheriff Courts deal with crimes that are too serious for a Justice of the Peace Court but not serious enough for a High Court.

• There are two types of proceedings in sheriff courts:

  • summary proceedings deal with less serious crimes
  • solemn proceedings deal with more serious crimes

• The High Court is Scotland's highest criminal court and deals with the most serious crimes which includes:

  • murder
  • rape
  • armed robbery
  • drug trafficking
  • sexual offences involving children

• When an appeal is made against a conviction, it is dealt with in the Court of Appeal.

• For non-criminal court cases (civil cases) the highest court in Scotland is the Court of Session.

Scottish criminal trial courts can deliver one of three possible verdicts, one of conviction (‘guilty’) and two of acquittal (‘not proven’ and ‘not guilty’).

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 (ROLO) 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

The Children’s Hearing Scotland is a unique system and is different from juvenile justice systems elsewhere in the UK.

Under Scots law, children under the age of 12 are not held criminally responsible for their actions but can be referred to Children's Hearings Scotland. Children's Hearings take place for a variety of reasons related to the welfare of children, not just when a criminal act is suspected.