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Court procedures
Sheriff and Jury
Cases are heard in the Sheriff Court by a Sheriff (judge) and jury. The jury is made up of 15 members of the public drawn randomly from the community.
The Sheriff and some of the lawyers wear wigs and gowns.
A hearing is held so that the accused can state their plea of ' guilty' or ' not guilty'.
If the accused pleads guilty, the sheriff may sentence the accused then or may choose to sentence at a later date.
If the accused pleads not guilty, the case will go to trial during a 'sheriff and jury sitting'. This is a set time when several trials will be timetabled.
At the trial, the evidence for the prosecution is presented by the Procurator Fiscal (fiscal). The accused has a defence lawyer to speak for them.
Both sides may call witnesses to give evidence. There may be other evidence such as photos and clothing. The prosecution, the defence and the Sheriff can question witnesses.
After the evidence has been presented, the fiscal and the defence lawyer give short speeches which sum up the evidence. It is up to the prosecution to prove the case 'beyond reasonable doubt'. The Sheriff then speaks to the jury on matters of law. The speeches are to help the jury reach a decision. The jury then decides the verdict.
If the verdict is guilty, the Sheriff decides the sentence. They may choose to sentence then or at a later date. If the Sheriff thinks the accused should receive a higher sentence than the Sheriff Court can impose, they may refer the accused to the High Court for sentencing.
People in court
The following people will be in court. Only three of them take part in the trial: the Sheriff, the Procurator Fiscal and the Defence Lawyer.
Accused: the person charged with the offence
Procurator Fiscal: represents the prosecution
Defence Lawyer: acts on behalf of the accused
Sheriff: acts as a 'judge' and decides on any sentence
Jury: 15 members of the public who decide the verdict
Clerk of Court: assists the Sheriff and responsible for the smooth running of the court
Court Official: calls each witness into the court when it is their turn to give evidence
Other people: these include police officers, members of the public and journalists
For more information see Crown Office and Procurator Fiscal Service booklet: Being a Witness in the Sheriff and Jury Court which is available at www.crownoffice.gov.uk
High Court
Cases in the High Court are heard by a judge and jury. The jury is made up of 15 members of the public drawn randomly from the community.
The judge and advocates can wear wigs and gowns.
If the accused pleads guilty the judge may sentence then or may choose to sentence at a later date.
If the accused pleads not guilty, the case will go to trial. This will be timetabled during a High Court sitting.
At the trial, the person who speaks for the prosecution and presents the evidence is the Advocate Depute.
The accused has their own lawyer and advocate.
Both sides may call witnesses to give evidence. There may be other evidence such as photos and clothing. The prosecution, the defence and the judge can question witnesses.
After the evidence has been presented, prosecution and the defence give short speeches which sum up the evidence. It is up to the prosecution to prove the case 'beyond reasonable doubt'. The judge then speaks to the jury on matters of law. The speeches are to help the jury reach a decision. The jury then decides the verdict.
If the verdict is guilty, the judge decides the sentence. They may choose to sentence then or at a later date.
People in court
The following people will be in court. Only three of them take part in the trial: the Judge, the Advocate Depute and the Defence Advocate.
Accused: the person charged with the offence
Advocate Depute: represents the prosecution
Defence Advocate: Junior Counsel or Queens Counsel ( QC) represents the accused
Defence Solicitor: lawyer for the accused
Judge: oversees the trial and decides on sentence
Clerk of Court: assists the judge and is responsible for the smooth running of the court
Macer: escorts witnesses and jury to and from the courtroom; provides trial with photos, clothing and so on
Court Officer: police officer who does not participate in the trial but makes sure that things are in order in the court
Jury: 15 members of the general public who decide on the verdict
Other people: these include police officers, members of the public and journalists
For more information see Crown Office and Procurator Fiscal Service booklet: Being a Witness in the High Court which is available at www.crownoffice.gov.uk
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