Scots Law for Journalists

• Actus reus


  The act of omission (failure to act) that comprises the physical elements of a crime as required by statute
• Mens rea


  The intention of knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. (someone with criminal intent -- premeditated)
• Justice of the Peace Courts


  Criminal cases with appeals that go to the Sheriff Appeal Court (not legally qualified).
• Sheriff Court


  Deals in both civil and criminal cases. (Legally qualified)
• Sheriff Court civil jurisdiction

  Civil actions of £100,000 or less
• Sheriff Court criminal cases


  • Summary cases appealed to the Sheriff Appeal Court
  • Solemn cases appealed to the Appeal Court of the High Court of Justiciary
• Sheriff Court civil cases


  Appealed to the Sheriff Appeal Court
• High Court of Justiciary


  Deals with criminal cases (legally qualified)
• High Court appeals


  Appeals against conviction or sentence are heard by the Appeal Court of the High Court of Justiciary (judges are legal professionals)
• UK Supreme Court


  Deals with civil or ECHR (European Court on Human Rights) compatibility
• UK Supreme Court appeals


  Hears appeals from Court of Session. Justices are legal professionals.
• Court of Session


  Deals with civil cases
• Court of Session civil cases

  1. Begin in the Outer House in front of one judge

  2. Can be appealed to the Inner House for consideration of a bench of three or more
• European Court of Human Rights(ECHR)


  Deals with international law, can only hear cases when domestic remedies are exhausted at state level, cases aren't appeals but litigated in Strasbourg against the member state itself
• Children's Hearing


  Can hear referrals about children on either welfare or criminal grounds, not a criminal trial, concerned with the welfare of the child, sit in panels of three in private, media have a right to attend but can be required to withdraw, members of the panel are not legally qualified
• Fatal Accident Inquiry (FAI)


  Always takes place in the Sheriff Court to investigate the cause, time, and place of someone's death, Scottish equivalent of inquests, some circumstances make them mandatory, in other circumstances the Lord Advocate can decide whether there should be one if the public interest requires it, Sheriff must also consider what steps might be taken to prevent other deaths in similar circumstances, they don't establish civil or criminal liability
• FAI examples


  • Clutha helicopter disaster
  • Glasgow bin lorry crash
• Crown Office and Procurator Fiscal Service (COPFS)


  Almost all criminal cases in Scotland are brought by "The Crown", based in Edinburgh with branches across the country, not to be confused with the Crown Prosecution Service in England and Wales
• Lord Advocate


  Head of the Crown Office and Procurator Fiscal Service
• Solicitor general


  Deputy to the Lord Advocate
• Independent prosecutors decide whether or not individuals should be prosecuted for crime (not police or victims "pressing charges")
• Main courts of first instance for criminal trials in Scotland

  • High Court of Justiciary
  • Sheriff Court
  • Justice of the Peace
• High Court of Justiciary


  Prosecutes the most serious offences such as murder or serious sexual assault on indictment
• Sheriff Court


  Prosecutes breach of the peace or minor assaults on summary complaint without a jury
• Justice of the Peace Court


  Deals with even more minor criminal matters including minor road traffic offences
• Indictments


  Used in the most serious cases and lead to a trial by jury in either the Sheriff Court or High Court of the Justiciary, aka solemn procedure in Scots Law
• Juries in Scottish criminal cases

  Currently 15 jurors (12 elsewhere), 8 votes required to convict, no concept of "hung jury"
• Verdicts in Scottish criminal cases


  • Guilty
  • Not guilty
  • Not proven
• Standard of proof


  Proof beyond a reasonable doubt, prosecutors bear the burden of proof
• Maximum penalty in Sheriff Court case tried on indictment


  5 years
• Maximum penalty in Sheriff Court summary complaints


  12 months
• Prosecutor's decision on forum

  In Scots Law the prosecutor decides the forum to try the accused person
• Criminal appeals


  1. Appeals against summary conviction in solemn cases lie to the Sheriff Appeal Court

  2. Appeals against conviction in solemn cases lie to the Appeal Court of the High Court of Justiciary

  3. If the Appeal Court refuses a criminal appeal, no further appeal lies to the UK Supreme Court unless a relevant issue can be identified under the ECHR
• Admonition


  Conviction is officially recorded, but the convicted person is otherwise free to go on the basis the judge has concluded that imposing further punishment is not expedient
• Absolute discharge


  The convicted person is not only free to leave the court without penalty, but their conviction doesn't count as a conviction and is not recorded, extremely rare
• Age of criminal responsibility in Scotland

  12 years of age, children under 12 cannot be prosecuted for any criminal offence
• Children's Hearings system


  Minor cases involving children are referred here, not a criminal court, decisions are made by panels of three members of the Children's Panel based on the paramount welfare of the child, volunteers sit on the Children's panel with training
• Murder


  Any willful act causing destruction of life with wicked intention to kill or wicked recklessness about whether the victim lives or dies, common law crime, mandatory life imprisonment
• Culpable homicide


  Any willful act causing destruction of life without intention to kill or wicked recklessness, often takes the form of an assault on the deceased
• Assault


  An attack on the person of another with evil intent