SENTENCING AND CRIMINAL PENALTIES IN SCOTLAND
Trial Summarily or on Indictment
Careful consideration is given to whether imprisonment
needs to be available for a summary conviction, and if it
is whether 3 months' imprisonment may be adequate. The term
of imprisonment which may be provided on indictment can be
up to life. If prosecuted in the sheriff court, the term of
imprisonment is limited to 3 years, even if a longer term
is provided in statute. However, the sheriff may remit a
case to the High Court for sentence if he considers his
maximum sentencing power to be inadequate in a particular
case.