Court and trials

Getting a case ready for court can take some time. This is because it is important for everyone that the case has been properly prepared and that all the information is accurate. There are various steps that may take place in the court process. More information on pleading is available here.

There are three kinds of courts to deal with different types of crime. The differences are explained below along with a table that explains who presides over the court and sentencing powers:

Justice of the Peace Courts
These criminal courts replaced District Courts. They deal with less serious criminal cases and road traffic cases. The judge is called a Justice of the Peace (sometimes shortened to JP). Normally the maximum fine this court can give is £2,500 and the longest prison sentence is 60 days. The largest Justice of the Peace Court is in Glasgow. Glasgow also has Stipendiary Magistrates, who can consider more serious cases. They have the same sentencing powers as Sheriffs in summary cases. (please see next paragraph for more details)

Sheriff Court
The Sheriff Court involves summary and solemn trials. The Judge is a qualified lawyer, known as a Sheriff, who must have at least 10 years legal experience. In summary criminal cases there is no jury and the Sheriff decides whether the accused is guilty or not and then decides the sentence. In solemn criminal cases, which are more serious cases, there is a Sheriff and a jury. The jury decides whether the accused is guilty or not and the Sheriff then decides the sentence.

• for summary criminal cases a Sheriff can impose up to 12 months in prison, and fines of up to £5,000
• for solemn criminal cases a Sheriff can sentence the accused for up to five years in prison, and an unlimited fine 
• if the Sheriff thinks that the crime deserves a higher sentence than they can pass, they can refer the case to the High Court for sentence.

High Court
The High Court only deals with solemn proceedings involving a judge and a jury. The jury decides whether the accused is guilty or not and the Judge then decides the sentence. The High Court deals with the most serious cases such as murder, rape, and treason. Judges (not Sheriffs or Magistrates), sit in the High Court. In the High Court there is no limit on the length of sentence or amount of the fine that can be imposed although, the sentence for some crimes is limited by statute. The High Court also deals with all criminal appeal cases.