THE CRIMINAL JUSTICE SYSTEM

THE SCOTTISH COURT SYSTEM

Aim: Examine the main features of the

Scottish Court System.

Success Criteria:• Explain the meaning of key legal terms –

civil case, criminal case, solemn procedure and summary procedure.

• Complete a diagram in your jotter showing the Scottish court system.

• Identify which court would deal with current examples of legal cases.

Sheriff Court

Court of SessionHigh Court

Civil cases

Justice of the peacecourt

Criminal cases

UK SupremeCourt

Have you ever heard any of these terms before?

There are TWO main types of court case in Scotland

CRIMINAL CASES CIVIL CASES

Where a crime has been committed

Where there is a dispute between two or more people , groups or organisations

There are TWO procedures for these cases

SOLEMN PROCEDURE SUMMARY PROCEDURE

This is where the case is tried with a judge & a jury (15 people)

This is where the case is tried before a judge, without a jury

The choice of whether to prosecute a case under solemn or summary procedure is made by the prosecution service - known as the Crown Office and Procurator Fiscal Service (COPFS)

Sheriff CourtCourt of Session

High Court

Justice of the PeaceCourt

Criminal cases

UK SupremeCourt

Civil cases

High Court of Justiciary

Scotland’s supreme criminal court with jurisdiction over the whole of Scotland.

Glasgow and Edinburgh have permanent High Court buildings.

Deals with solemn procedures involving a judge and jury.

Serious cases such as murder, rape, drug trafficking, serious sexual offences..

No limit on length of sentence or amount of fine.

Deals with all criminal appeal cases.

Sheriff Courts

There are 49 Sheriff Courts in Scotland – each covers a particular area.

Deal with criminal and civil law – most of the cases that go to court across Scotland.

Criminal cases could include theft, assault, possession of drugs, soliciting.

Civil cases could include divorce, custody disputes, adoption.

Judge is a qualified lawyer with at least 10 years legal experience.

Justice of the Peace Courts

Deal with less serious criminal cases and road traffic cases e.g. driving through a red light, drunk and disorderly.

The judge is called a Justice of the Peace (JP). They are not legally qualified but have a legally qualified clerk (lawyer) to advice them on law and procedures.

Can impose a maximum sentence of 60 days imprisonment or a fine of up to £2,500.

Court of Session

This is Scotland’s supreme civil court.

It sits in Parliament House in Edinburgh.

Task - Which Court?

Write down the numbers 1-10 down the margin in your jotter.

Study the ten newspaper articles which your teacher will give you.

Decide which court – Justice of the Peace, Sheriff or High Court – would deal with each case.

Verdicts and Sentencing In Scottish Courts

Aim: Examine the range of sentences which

can be given by a Scottish court.

Success Criteria: Describe the three main verdicts given by

courts. Give five examples of different sentences. Explain the arguments for and against

custodial sentences.

Verdicts And Sentencing

There are three verdicts that a jury can reach in a Scottish courts:

Guilty Not Guilty Not Proven

Verdicts In Scottish Courts

The Scottish writer, Sir Walter Scott called the not proven verdict ‘that b*****d verdict.

Why? Potentially it allows a guilty person to walk free because there is not conclusive proof that they have committed the crime.

On the other hand…..an innocent person could walk free but they have not been proven innocent. Video Clip

Sentencing In Scottish Courts

There are two main types of sentences which a court can impose.

Custodial sentence – a person’s freedom is taken away and they are sent to prison. The Scottish Prison Service (SPS) is responsible for the 14 public prisons in Scotland.

Video Clip

Non-custodial sentence – a punishment which does not involve the person being sent to prison.

Arguments For Custodial Sentences

Depriving someone of their freedom is a good form of punishment.

It acts as a deterrent

It keeps people locked up who might otherwise be committing crimes.

Prisons can help people learn to cope with life outside e.g. improve their education/qualifications.

Arguments Against Custodial Sentences

Prisoners often reoffend on release.

In March 2012, 2,500 prisoners had serviced more than ten previous prison sentences, while almost half of those – 1,186 – had served more than 25 jail terms.

Not enough time or money is spent on the rehabilitation of prisoners.

First-time prisoners could become hardened criminals.

Home Detention Curfew (HDC)

A form of early release on ‘licence’ i.e. on certain conditions.

Offenders will face a curfew condition – they have stay within a specific address for around 12 hours every night.

The curfew is monitored through an ‘electronic tag’.

The offender continues to service their sentence and can be recalled to prison if they break the conditions.