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Criminal Procedure

There are two types of criminal justice procedure in Scotland - solemn and summary.

Solemn

Solemn covers the most serious cases involving trial on indictment before a judge or sheriff sitting with a jury. A Scottish jury is made up of 15 people and a simple majority (8-7) is sufficient to establish guilt or innocence. Three verdicts are available to the jury: guilty, not guilty, or not proven. A not proven verdict is the equivalent of not guilty in that it is an acquittal. Criminal Procedure Division deals with policy on solemn criminal procedure matters (including bail policy) and took forward the passing and implementation of the Criminal Procedure (Amendment) (Scotland) Act - which reforms the operation of the solemn courts. The CP (A)(S) Act originated from Lord Bonomy's report Improving Practice - The 2002 Review Of The Practices And Procedure Of The High Court Of Justiciary.

Summary

Summary covers less serious cases involving a trial where there is no jury - either a sheriff sitting alone, a justice of the peace sitting alone, or a bench of 3 justices of the peace sitting together. Criminal Procedure Division also has policy responsibility for summary criminal procedure and they are therefore in the lead for programme of summary justice reform currently being implemented using provisions contained in the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.

Page updated: Friday, June 20, 2008