Court

An accused person's first appearance in Court is called a pleading diet. If they plead guilty, there is no trial and the Court can sentence them straight away. The Court may ask for background reports about the offender or about the victim, so that they have enough information to give a suitable sentence.

If the accused pleads not guilty, a trial date is set. This gives the prosecution and the defence time to organise their case and find out about the witnesses and the evidence. When the trial date is set, the Court will decide if the accused should be released on bail.

Some of the following people may be present at Criminal Court proceedings:

• the Judge/Sheriff/Justice
• the Procurator Fiscal or Advocate Depute
• defence lawyer(s)
• the jury
• the Clerk of Court
• the Court Officer
• the accused
• Court police or security officers

Criminal Courts are usually open to the public, and anyone aged 14 or over can sit in the public area at the back of the Courtroom to watch and listen to what is going on.

Criminal cases are heard under one of two types of criminal procedure. Under solemn procedure, which takes place in both the High Court of Justiciary and the Sheriff Court, the trial takes place before a judge and jury of 15 people. Under summary procedure, which takes place in Sheriff Courts and District Courts, the Sheriff or Justice sits without a jury.

In all criminal cases, the Judge/Sheriff/Justice, and jury (if there is one), will hear all the evidence and find the accused guilty, not guilty or not proven.

If the verdict is not guilty or not proven, the accused is acquitted and can never be tried again for the same offence.

If the verdict is guilty, the Judge, Sheriff or Justice will make a decision about any sentence or punishment.

Find out more

• Scottish Court Service