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The Scottish Court System

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by

Rachel Chowings

on 23 August 2015

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Transcript of The Scottish Court System

By Melissa and Rachel
The Scottish Court System
There are different procedures that can be used for cases in Scotland. Cases either go through the solemn procedure or the summary procedure.

The type of procedure necessary for each case is decided upon by the Crown Court and the Procurator Fiscal.
The Criminal System
The Summary procedure is used for less serious crimes and is conducted without a Jury.

For example – 96% of criminal court cases during 2010-11 went through the summary procedure.


Summary Cases
The solemn procedure is used for more serious crimes such as murder and rape.

Solemn cases must be conducted in front of a Jury.
Solemn Cases
Verdicts in Scotland
There are 3 different types of verdict in Scotland:

Guilty

Not Guilty

Not Proven
The Role of the
Procurator Fiscal
One of the Procurator Fiscal's main roles is to decide whether or not the case should be brought to court.

The Procurator Fiscal also investigates sudden, suspicious and unexplained deaths.

Scotland in comparison to the rest of the UK
In England and Wales there is no procurator fiscal, so the equivalent role is carried out by the Crown Prosecution Service.

In England and Wales there are only two verdicts, "guilty and "not guilty".

The English equivalent to an Advocate is a Barrister.

What is a Procurator Fiscal?
A Procurator Fiscal is the Scottish name for a public prosecutor.

There are no Procurator Fiscals in England and Wales, however the equivalent would be a prosecutor.
Types of Lawyer in Scotland
Solicitors
: A Solicitor is a lawyer who has direct contact with clients and can represent them in court.

Advocates
: An Advocate is more specialised than a solicitor and is can be called upon by solicitors.
The Supreme Court in the UK
>Opened in October 2009.
>Highest Court of appeal.
> Important in deciding how the law should be applied and interpreted.
>Supreme Cases are of high public importance.

Children's Hearing System
>Helps under 18s with major problems in their lives.

>Anyone can make a referral to this system.

> The hearing is a legal meeting where the next legal steps that should be taken are decided.

> The hearings can decide that compulsory supervision is necessary.

> In 2014/2015 15,858 children and young people were referred to the Children's reporter.
Comparison to other countries
Sources
http://www.victimsofcrimeinscotland.org.uk/the-justice-process/prosecution-process/investigation-and-prosecution/
https://www.supremecourt.uk/about/role-of-the-supreme-court.html
http://www.chscotland.gov.uk/the-childrens-hearings-system/how-does-the-childrens-hearings-system-work/
http://www.nao.org.uk/wp-content/uploads/2012/03/NAO_Briefing_Comparing_International_Criminal_Justice.pdf
http://www.victimsofcrimeinscotland.org.uk/the-justice-process/court-process/verdicts/
http://www.bbc.co.uk/education/guides/zysppv4/revision/2
Full transcript