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

Procurator Fiscal

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.

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

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.

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. 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.

* 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.

The High Court of Justiciary

The High Court is Scotland's highest criminal court.

• 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.

The Court of Appeal

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.

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.

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’).

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.

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.

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. Note: In 2024, as part of the Victims, Witness and Justice Reform (Scotland) Bill only two-thirds of jurors in a jury case (8 from 12 people) need agree to find the accused guilty.

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 (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.