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Sources

http://www.bbc.co.uk/bitesize/intermediate2/modern_studies/crime_and_law_in_society/court_system_scotland/revision/3/

http://www.scotland-judiciary.org.uk/16/0/Court-Structure

http://www.gov.scot/Topics/Justice/law/justice-peace/about

http://www.gov.scot/Topics/archive/law-order/legal/Civil

http://www.victimsofcrimeinscotland.org.uk/the-justice-process/after-the-verdict/sentences/

https://www.gov.uk/courts/magistrates-courts

http://www.dummies.com/how-to/content/getting-to-know-the-us-court-systems.html

The Scottish Court System

Comparison With the USA

Breach of the peace

Petty theft

Justice of the Peace Courts

Possession of drugs

Minor assault

Theft

The Role of the Childrens' Hearing System

Sheriff Courts

Minor road traffic offences

Soliciting

Armed robbery

Assault

Rape

Serious sexual offences

Claims for compensation

The High Court

Eviction

Drug trafficking

Murder

Criminal Courts

Sheriff Courts

Culpable homicide

Crofting

Debt

Contract disputes

Land Courts

Divorce

Land disputes

Differences Between the Rest of the UK

Four levels:

1. The High Court

2. Sheriff and Jury

3. Sheriff and Summary

4. Justice of the Peace Courts

The Childrens Hearing System

helps young people under the

age of 18 who are in need of

help.

  • because they are in need of

care and protection

  • because they have been

in trouble with the police or

at school

Tax

Sentencing

Employment

Fine

Tribunals

Community service order

Education

Absolute discharge

Social security

Civil Courts and Tribunals

Prison

Admonition (a warning recorded on criminal record)

Young Offenders Institution

Scotland

England

The identity of children under 16 is protected during legal/court cases.

The identity of children under 18 is protected during legal/court cases.

Compensation

Community Payback Order (Penalties such as unpaid work or an order to attend specialist programmes that address underlying problems e.g. behavioural issues or drug/alcohol misuse)

1. The Court of Session

> Inner House

> Outer House

2. Sheriff Courts

3. Land Courts

4. Tribunals

There can only be 2 verdicts in court – guilty and not guilty.

There can be 3 verdicts in court – guilty, not guilty and not proven.

There are 15 people in the jury when trying serious crimes in the High Court.

There are 12 people on the jury when trying serious crimes in the Crown Court.

Probation Order

Role of the Supreme Court

Role of the Procurator Fiscal

Responsible for:

  • the prosecution of crime in Scotland
  • the investigation of sudden or suspicious deaths
  • complaints of criminal conduct by police officers
  • Final court of appeal in all civil cases
  • Final court of appeal in criminal cases in England, Wales and Northern Ireland (but not Scotland)

Factors considered when deciding whether criminal proceedings should take place:

  • Seriousness of offence
  • Length of time since offence
  • Age of offender
  • Any previous convictions
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