The Court System
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Transcript of The Court System
The Court System
Scotland
12/04/23 copyright 2006 www.brainybetty.com; All Rights Reserved. 2
The Procurator Fiscal
• After the police charge someone with a criminal offence they send the details of the case to the Procurator Fiscal who looks at the evidence and decides whether to proceed with the case.
• The Procurator Fiscal also inquires into sudden or suspicious deaths and fatal accidents
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Criminal Courts
Scottish Court of Criminal AppealJudges from the High Court of Justiciary hear appeals
High Court of JusticiaryMost serious crimes. eg. murder and rape
Solemn Procedure with judge or jury
Sheriff CourtsMore serious offences eg. theft or assault
Solemn procedure with sheriff and jurySummary procedure with sheriff
Justice of Peace CourtsReplaced district courts. Minor offences like
breach of the peaceSummary procedure with JP alone
12/04/23 copyright 2006 www.brainybetty.com; All Rights Reserved. 4
Maximum penalties in Criminal Court
Scottish Court of Criminal Appeals
High Court of JusticiaryEdinburgh, Glasgow and Aberdeen have permanent High Courts
Unlimited Fine/ Life imprisonment
Sheriff Courts (49 Sheriff Courts)Summary - £10,000 fine – 12 months imprisonment
Solemn – Unlimited fine – 3 years imprisonment
Justice of the Peace Courts£2,500 fine, 60 days imprisonment
12/04/23 copyright 2006 www.brainybetty.com; All Rights Reserved. 5
Civil CourtsSupreme Court (formerly House of Lords)
Hears appeals from Court of Sessionhttp://www.supremecourt.gov.uk/
Court of SessionOuter House – Cases involving large sums of moneyInner House – Hears appeals from Sheriff Court and
Outer House
Sheriff CourtsHears majority of Civil cases eg. small money claims,
divorce, eviction etc.
Land Courts – settles crofting/ land disputes
Tribunals – employment, immigration, property, disputes
12/04/23 copyright 2006 www.brainybetty.com; All Rights Reserved. 6
The Supreme Court
• UK Judicial system• For historical reasons, as a state made up of
several separate jurisdictions, the United Kingdom does not have a single unified legal system
• Instead, there is one system for England and Wales, another for Scotland, and a third for Northern Ireland.
• In most cases, The Supreme Court since 2009 sits above all of these as the final court of appeal
12/04/23 copyright 2006 www.brainybetty.com; All Rights Reserved. 7
12/04/23 copyright 2006 www.brainybetty.com; All Rights Reserved. 8
The Supreme Court (2009-)The Supreme Court:is the final court of appeal for all United Kingdom civil cases, and
criminal cases from England, Wales and Northern Ireland and hears appeals on arguable points of law of general public importance. It concentrates on cases of the greatest public and constitutional importance
The Supreme Court hears appeals from the following courts in each jurisdiction:
England and WalesThe Court of Appeal, Civil Division The Court of Appeal, Criminal Division (in some limited cases) the High CourtScotlandThe Court of SessionNorthern IrelandThe Court of Appeal in Northern Ireland (in some limited cases) the High Court
12/04/23 copyright 2006 www.brainybetty.com; All Rights Reserved. 9
The Supreme Court UK
The Supreme Court consists of 12 Justices (Lords) supported by a professional legal and executive staff
See who’s who…
http://www.supremecourt.gov.uk/about/biographies.html
Current cases…
http://www.supremecourt.gov.uk/current-cases/index.html
Q and A on the Supreme Court…
http://news.bbc.co.uk/1/hi/uk/8283967.stm
12/04/23 copyright 2006 www.brainybetty.com; All Rights Reserved. 10
Sentencing passed down by Scottish Courts
http://news.bbc.co.uk/1/hi/uk/3080502.stm
Non-Custodial Sentence• Fines• Fixed penalty Notice• Supervised Attendance Order• Probation• Community Service Order• Restriction of Liberty Order (Electronic Tagging)• Drug Treatment and Testing Order• Community Reparation Order• Anti-Social Behaviour OrderCustodial sentence
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Children’s Hearing System
In Scotland children only appear in criminal court for serious offences like murder.
Cases involving children under 16 are dealt with by a Children’s Hearing (Children’s Panel)
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Referral
Hearing
Investigation
Advice or Police Warning Voluntary Programme
The outcome
Appeal
Discharge
Supervision Order
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Research Task• Build up a small sub-folder of articles on the
Scottish Court System• Write a detailed note to explain fully….
– How the civil/ criminal system operates in Scotland
– The role of a Procurator Fiscal– Any major differences with the rest of the UK– The place of the Scottish courts within the UK
system– The role of the Supreme Court– The sentences that can be passed out in Scotland– The role of the Children’s Hearing System– Other relevant information