Scottish Courts Crime the Law Today we will

Scottish Courts Crime & the Law

Today we will… • Describe the role, structure and power of each court. • Compare and contrast the courts in Scotland. • Evaluate their effectiveness at dealing with crime

COPY Major offences Each court deals with different offences depending on the seriousness of the crime. The High Court Sheriff Court Minor offences Justice of the Peace Court

CRIMINAL LAW & CIVIL LAW The law in Scotland can be split into two main categories: criminal law and civil law Criminal Law relates to criminal offences like murder, arson, fraud and armed robbery Civil Law includes disputes between individuals and businesses THINK PAIR SHARE – WHAT SPECIFIC KIND S OF CASES WO ULD BE COVERED BY CIVIL LAW? Divorce, business debts, compensation awards, tenant and landlord disputes, custody battles etc

SCOTLAND'S LEGAL SYSTEM Two types of criminal justice procedure; üSolemn procedure – most serious cases which may lead to trial in front of a judge and jury (15 people). üSummary procedure – less serious offences, may lead to trial before a sheriff or in justice of the peace courts. 96% of criminal cases in Scotland are dealt with under summary procedure, no jury.

JUSTICE OF THE PEACE COURT • Previously called the District Court (2008) • Deals with minor crimes e. g. breach of the peace, minor traffic offences etc. • Always summary procedure. (No Jury). • Appeals can be made to the Sheriff or High Courts.

SHERIFF COURT Criminal • Any crime that has been committed in the Sheriffdom. (local area) • Solemn and summary procedure. • If judge feels case is more serious he can refer to High Court.

Solemn procedure. This is for the more serious offences heard by the Sheriff Court, such as child abuse • The cases are heard by a judge and jury who decides on verdict and sentencing Example: Derek Carrick was found guilty of child neglect in 2018 by the Glasgow Sheriff court. He is still waiting to be sentenced for his crime. This was decided under Solemn procedure.

Summary procedure. This is for the less serious offences heard by the Sheriff Court, such as drink driving, most anti-social behaviour and assaults • The cases are heard by a Sheriff who decides on verdict and sentencing • There is no jury Example: In 2013, MSP Bill Walker was jailed for the maximum 12 months after being convicted of domestic violence against 3 former wives

HIGH COURT • High Court (criminal cases only) • Most serious crimes • Appeals from Sheriff and District courts. • Always solemn procedure. • High Courts permanently in Edinburgh, Glasgow and Aberdeen but can sit in other places (such as Inverness).

Example: In 2014, Angus Sinclair was sentenced to 37 years in prison before he can apply for parole for the “World’s End Murders” in 1977. In difficult cases, such as a highly public murder trial, there will be 3 judges sitting. The high court has unlimited sentencing powers in terms of imprisonment and fines. https: //www. supremecourt. uk/live/court-01. html https: //www. youtube. com/watch? v=c. WH 9 IG 9 te_M

Court High Court Sheriff Court Justice of the Peace Examples of Procedure crimes Sentencing (Min & max)

Justice of the Peace Court The Justice of the Peace Court deals with the least serious offences in the criminal justice system

Scotland has had a unique court and criminal justice system that is very different to that within the rest of the UK. The main difference is that Scottish courts allow the ‘not proven’ verdict. This is when there is not enough evidence to prove a person guilty but there remains suspicion that they are not entirely innocent.

PEER ASSESS Award up to three marks for a description, depending on quality, relevance, accuracy and exemplification. For full marks at least two descriptions are necessary. Credit reference to aspects of the following: • District Court/Justice of the Peace Court − the longest prison sentence which can be imposed is generally 60 days. − the maximum fine of up to £ 2500. − minor offences. • Sheriff Court − Summary procedure – a sheriff may impose prison sentences of up to 3 months, in some cases up to 12 months. Fines up to £ 5000. No Jury Present − Less Serious cases. − Solemn procedure – unlimited financial penalties – can refer to the High Court, also has a range of non-custodial options such as community service and probation. Jury Present − Serious Cases. • High Court (of Justiciary) – Judge presides. – Most serious crimes such as rape, assault and murder. – Jury of 15. – Custodial and non-custodial sentencing options. Any other valid point. MARKS AVAILABLE 6