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Solemn proceedings is the term used in Scotland for serious criminal cases prosecuted on indictment before a judge and jury. [1] These are distinct from summary proceedings before a sheriff or justice of the peace sitting without a jury.
The procedure followed may either be solemn procedure, where the Sheriff sits with a jury of fifteen; or summary procedure, where the sheriff sits alone in a bench trial. From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months imprisonment and/or a £ 10,000 fine , and in solemn cases 5 years imprisonment or ...
The procedure followed may either be solemn procedure, where the Sheriff sits with a jury of fifteen; or summary procedure, where the sheriff sits alone in a bench trial. From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months imprisonment or a £ 10,000 fine , and in solemn cases 5 years imprisonment or an ...
In serious cases (known as solemn procedure with a jury as opposed to summary procedure without) where the accused is admitted to bail, the trial must commence within 12 months of the date of first appearance in court. [15] Procurators fiscal work in the local sheriffdom and most of the fiscal offices in Scotland are either in or near the ...
Criminal procedure in Scotland is generally regulated by the Criminal Procedure (Scotland) Act 1995 (as amended) and various Acts of Adjournal passed by the High Court of Justiciary. Juries in these cases consist of 15 people; if jurors drop out e.g. because of illness the trial can continue with a minimum of 12 jurors.
The Sheriff Appeal Court (Scottish Gaelic: Cùirt Ath-thagraidh an t-Siorraim) is a court in Scotland that hears appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts, and hears appeals on bail decisions made in solemn proceedings in the sheriff court.
The commission has the statutory power to refer cases dealt with on indictment (ie solemn procedure cases) to the High Court of Justiciary. This was extended to include summary cases by Statutory Instrument on 31 March 1999, [1] immediately before the Commission took up its role in April 1999.
The High Court of Justiciary as a Court, or the Lord Justice General, Lord Justice Clerk and Lords Commissioners of Justiciary as a body, have the power to regulate criminal procedure in the criminal courts in Scotland: regulations can be made for the High Court, sheriff courts (summary and solemn procedures), and the justice of the peace courts.