courts Flashcards
justice of the peace court
The Justice of the Peace Court deals with the least serious crimes in Scotland. The Justice is a Lay Magistrate appointed within the local community and is trained in criminal law and procedure. The court has no jury and the Justices sit either alone or in a bench of three. The court operates in a summary procedure meaning that the judge alone decides the verdict. Some examples of crimes seen in this court are speeding and careless driving. An example of a recent case is a man in Aberdeen who was convicted of speeding and given a £400 fine.
jp powers
The maximum sentence a Justice can impose is a custodial sentence of up to 60 days and a fine of up to £2,500. The person convicted agrees the timeframe in which they need to pay the court and the judge takes into account the financial position of the person convicted so that they receive a suitable fine. If someone wishes to appeal their conviction, the trial will be held in the Sheriff Court.
sheriff
The Sheriff Court deals with cases in both summary and solemn procedures. Summary procedure cases are heard by the sheriff alone with no jury and they decide the verdict. However, solemn cases are heard by both the sheriff and a jury which decides the verdict. The jury consists of 15 people. Some examples of cases heard in this court are assaults, robbery and drug offences.
sheriff powers
The maximum sentence for a solemn procedure in the Sheriff Court is a prison sentence of up to 5 years or an unlimited fine. In a summary procedure, those convicted can be imprisoned for up to 12 months or recieve a maximum fine of £10,000. If the Sheriff believes the punishment is not strong enough for the crime, he can refer the case to the High Court for a stronger sentence.
high court
The High Court hears cases with a single judge and a jury of 15 people and operates in a solemn procedure. In particularly complex or important cases a bench of three judges may oversee the case. This court deals with the most serious cases such as armed robber, murder and rape.
high court powers
The High Court has unlimited custodial and fine sentencing power however custodial is usually given for the cases heard. In Scotland, life sentences are decided by the judge. The average life sentence is 13 years and 6 months. If the person convicted wants to appeal their sentence or conviction, this will be heard in the Edinburgh High Court.
childrens hearings
Children’s Hearings System is Scotland’s unique care and justice system which tries to support children who are in trouble or at risk. Children’s hearings are held in private with a Children’s Reporter and three panel members; children may also bring a parent or carer with them. They deal with cases such as children being neglected or abused.
childrens powers
Once a referral has been made the reporter can decide whether to take no action with the case or organise a Children’s Hearing. They make decisions that are in the best interest of the child such as enforcing supervision at a specific address.
