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Mode of Trial

SENTENCING AND CRIMINAL PENALTIES IN SCOTLAND

Mode of Trial

The options are:

Summary trial only, i.e. trial by a justice (or a stipendiary magistrate) in the district court or by a sheriff sitting without a jury.

Trial either summarily or on indictment

Trial on indictment only, i.e. trial by jury either in the sheriff court or in the High Court.

The majority of proceedings before the courts are summary complaints. The proceedings leading to trial on indictment are known as "solemn proceedings". Indictment-only offences are rare. They include serious common law crimes such as murder, culpable homicide, rape and the statutory offence of causing death by dangerous driving. Most statutory offences serious offences or regulatory offences which control dangerous activities (such as hazardous waste disposal etc) are usually made triable either summarily or on indictment. Lesser offences are generally triable only summarily. Penalties are themselves an important factor in determining modes of trial, because of the sentencing powers available to the High, Sheriff and District courts, (see penalties). It is for the prosecution in all cases and subject, only to any mode of trial provisions, to determine in which court a case will be heard.

Page updated: Monday, August 2, 2004