High Court
The High Court has Solemn Procedure – judge with jury. This is Scotland's highest criminal court. The
High Court sits in Edinburgh, but also travels to different parts of Scotland – Glasgow, Stirling, Oban,
Inverness, Aberdeen, Dundee, Perth, Dumfries, Jedburgh and Ayr all have regular sittings of the High
Court. The High Court deals with the most serious of crimes such as treason, murder and rape, armed robbery, drug trafficking, sexual offences involving children and certain offences under the
Official Secrets Act. In difficult cases there may be three judges sitting. The High Court has unlimited sentencing powers in terms of imprisonment and fines.
Sheriff Court
The Sheriff court can have Summary procedure – sheriff alone, no jury OR Solemn Procedure –
‘sheriff with jury’ depending on the case. The Sheriff Court deals with more serious offences committed within the sheriffdom. The sentencing powers are limited to three months imprisonment, unless there are previous convictions, or a fine of £5000. Under solemn procedure the sheriff can impose a prison sentence of up to three years or an unlimited fine, unless previous laws define a maximum fine for the offence in question. If a sheriff ever feels that their sentencing powers are not strong enough then they can refer the case to the High Court for sentence.
Justice of the Peace Court
Justice of the Peace Courts were created by the Criminal Proceedings etc. (Reform) (Scotland) Act
2007 and they replaced former District Courts which were operated by local authorities. As the lowest level of criminal court, Justice of the Peace Courts handle relatively minor crimes such as cases of breach of the peace, minor assaults, minor road traffic offences and petty theft.
Justice of the peace Courts operate a Summary procedure – lay magistrate (Justice of the Peace), no jury. Cases are dealt with by a bench of one or more lay justices. The maximum sentence that a Lay justice can impose is custodial sentences of up to 60 days and fines of up to £2,500.
Court of Session
The Court of Appeal. The primary task of the Court of Session is to decide on civil law cases. They hear cases at first instance on a wide range of civil matters. It mostly deals with cases in which people are suing others for large amounts of money and complex divorce cases. For example.
Tommy Sheridan Vs News of the World Newspaper – defamation case. The court also hears criminal cases on appeal from the Sheriff Court and certain tribunals and other bodies. On occasion, if a case is particularly important or difficult, or if it is necessary to overrule a previous decision by a court, a larger court of five or more Judges may be gathered.