Scottish Criminal Procedure
The structure of summary and solemn procedure in Scotland — Sheriff Court, High Court of Justiciary, the 'not proven' verdict, and the corroboration rule.
소개
Scotland's criminal justice system differs materially from England's. Most criminal cases are heard by the Sheriff Court under one of two procedures: summary procedure (less serious, before a sheriff alone) or solemn procedure (more serious, before a sheriff and jury of 15). The most serious cases — murder, rape, treason — go to the High Court of Justiciary, which also sits as a court of appeal. Distinctive features include the corroboration requirement (most key facts must be proven by two independent sources of evidence — Cadder v HM Advocate prompted significant reforms but the core rule survives in modified form), the three-verdict system (guilty, not guilty, 'not proven'), and the institution of the Procurator Fiscal (the prosecutor for both summary and solemn cases at first instance). The Lord Advocate heads the prosecution service.
In Brief
Scottish criminal procedure has summary procedure (Sheriff alone), solemn procedure (Sheriff + 15-juror jury), and High Court of Justiciary cases for the most serious matters. Distinctive features include the corroboration rule (two independent sources of evidence required for material facts), the three-verdict system including 'not proven', and the Procurator Fiscal as prosecutor at first instance.
핵심 원칙
Procedure distinction: summary (Sheriff alone, up to 12 months' imprisonment) vs solemn (Sheriff and jury of 15, up to 5 years; or High Court, unlimited).
Corroboration — most material facts require two independent sources of evidence (Smith v Lees 1997 JC 73). Reformed by the Crown Office and Procurator Fiscal Service after the 2014 Carloway Review; statutory abolition has been delayed.
Three verdicts — guilty, not guilty, 'not proven' (which has the same legal effect as not guilty but is criticised as ambiguous; reform proposed in the Criminal Justice (Scotland) Act 2024 — verdict structure under consultation).
Jury size — 15 in solemn cases; simple majority (8) to convict (although 12 will be required from a future date under criminal-justice reforms).
Right to silence — narrower than England; adverse inferences are not drawn from silence as a rule.
Procurator Fiscal — prosecutor at first instance for both summary and solemn; Crown Office is the central prosecution agency; the Lord Advocate is the head of the system.
Cadder v HM Advocate [2010] UKSC 43 — established the right of access to a solicitor before police questioning, with significant downstream procedural reforms.
핵심 법령
Criminal Procedure (Scotland) Act 1995
Criminal Justice and Licensing (Scotland) Act 2010
Criminal Justice (Scotland) Act 2016
주요 판례
Cadder v HM Advocate
[2010] UKSC 43
Smith v Lees
1997 JC 73
Megrahi v HM Advocate
2002 SCCR 509
HM Advocate v JK
[2002] SLT 137
Frequently Asked Questions
What is the 'not proven' verdict?
An acquittal verdict with the same legal effect as 'not guilty' but historically delivered when the jury thought the accused was probably guilty but the Crown had not proven its case beyond reasonable doubt. Criticised as ambiguous; reform proposed in 2024 to a binary verdict system — consultations ongoing.
Is the corroboration rule still in force?
Yes, in modified form. Most material facts must be proven by two independent sources of evidence. The Carloway Review (2011) recommended abolition but reforms have stalled; the Criminal Procedure (Scotland) Act 1995 and developing case law modify how the rule applies — e.g. in modern policing where digital evidence may corroborate witness testimony.
What's the difference between the Sheriff Court and the High Court of Justiciary?
Sheriff Court handles most cases — both summary and solemn. The High Court of Justiciary handles the most serious cases (murder, treason, rape) at first instance, and is also Scotland's Criminal Appeal Court. It is the supreme criminal court — there is no appeal to the UK Supreme Court for criminal matters (Devolution Issues aside).
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