Section C
The Law of Scotland
The Law of Scotland is both separate from and different to the law if England.
Our laws are based on the principles of Roman Law.
The Law in Scotland can be split into two parts:
Criminal Law
and
Civil Law
The differences between them are explained below:
Criminal
Law
Civil
law
What they
Deal with
Crimes
What the court
does
Punishes
offenders
Examples
Of cases
Murder,
rape, theft
Disputes
between
individuals
Gives
judgments,
Divorce,
breaches of
contract
Outcomes
Prison, fines,
Community
service
Orders action,
e.g. divorce awards
compensation
Work Unit 4
1.
2.
3.
4.
K. Miller
Copy the table into your jotter.
On what principles is Scottish Law based?
What are the two parts that Scots Law can be split into?
Explain the differences between the two parts of
Scots Law.
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Section C
The Courts in Scotland
Scotland has 4 levels of Criminal Court. The type of court a case will be held in depends
on the seriousness of the crime committed. If an accused person is unhappy with the
sentence they receive in a Court they can appeal to a higher court for a change in the
verdict or the sentence.
Scottish Criminal Court of Appeal
This is the highest criminal court in
Scotland. It only deals with cases in
which the accused is appealing on
the decision of a lower court.
High Court of Judiciary
Appeal to
Appeal to
These Courts deal with the
most serious of crimes
such as murder. The
judges in these courts have
the honorary title of Lord.
Appeal to
Sheriff Courts
The judge in a Sheriff Court
is called a Sheriff. They are
a trained solicitor or
advocate. The Sheriff
Courts deal with crimes
such as house breaking and
minor assaults.
District Court
This is often called a Police Court
because most District Courts are to be
found in Police Stations. The judge in a
District Court is called a Magistrate. Most
magistrates are lay-Magistrates. This
means that they are not paid. They are
members of the public who volunteer to
act as judges.
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Section C
Lawyers in Scotland
For the Defence
For the Prosecution
Solicitors
Procurator Fiscal
Most lawyers in Scotland are solicitors.
They deal with a wide range of legal
matters. There are about 5,000 solicitors
in Scotland. They are allowed to
represent their clients in District and
Sheriff Courts but are not allowed to
represent clients in the higher courts.
Scotland is divided into a number of
areas known as Sheriffdoms. In each a
Procurator Fiscal is appointed. They are
assisted by a number of Depute
Procurator Sheriffs. Procurators must be
qualified solicitors or advocates. They are
responsible for prosecuting in less
important cases. In cases which must be
tried in the High Court he must report
these to the Lord Advocate.
Advocates
There are about 400 advocates in
Scotland. They are the specialists of the
legal profession. They can represent their
clients in all the courts of Scotland.
Advocates are ‘instructed’ by a solicitor.
This means that a person appearing in
Court on a serious charge will have to
employ a solicitor and an advocate.
When an advocate has gained a certain
amount of experience they can apply to
become a Queen’s Counselors (Q.C).
Once they have become a Q.C. they will
be able to deal with the most complicated
of cases. Becoming a Q.C. is sometimes
referred to as ‘Taking silk’. This is
because a Q.C. is entitled to wear a silk
trimming to their gown. Q.C.’s are
sometimes referred to as Silks. To
employ an advocate, particularly a Silk, is
a very expensive business. Many Q.C.s
can demand a fee of £4000 per day.
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The Lord Advocate
Prosecution in the most serious of cases
is the responsibility of a Government
Minister called the Lord Advocate. If the
case is extremely important the Lord
Advocate or their Deputy the Solicitor
General will personally conduct the case.
In less important cases an advocate
called an Advocate Depute will appear.
There are about 10 Advocate Deputes.
Section C
Plan of a typical High Court
Work Unit 5
1. From page 11 draw the diagram of the four courts.
2. Name the four types of Criminal Court in Scotland?
3. Explain what a lay-magistrate is.
4. Which of our Courts deals with the most serious crimes first of all?
5. In which Courts are solicitors allowed to represent their clients?
6. What is a Q.C and what do they do?
7. Why do many advocates want to become QC’s?
8. Why are QC’s called ‘silks’?
9. What is the job of a Procurator Fiscal?
10. In the most important cases who appears in Court for the
prosecution?
11. Copy the diagram of a typical High Court.
K. Miller
13
Section C
Legal Procedure in Scotland
The rules under which the Courts in Scotland operate are quite different from the Courts of
England and Wales. Below are some examples:
Juries
Verdicts
In England a jury consists of twelve
men and women. In Scotland there are
15 men and women on a jury. A
verdict can be reached by a majority of
8 to 7 whereas in England it must be at
least 10 to 2.
In England the jury can
only find the defendant
guilty or not guilty. In
Scotland there is a third
verdict - Not Proven.
This verdict has the
same effect as a not
guilty verdict.
Corroboration of Evidence
In Scots criminal law a fact that is testified to by only one witness, without outside
support or other evidence, the accused cannot be found guilty. Consider William Sykes,
a known criminal with a record of five convictions for house-breaking. He is seen by the
Rev. Arthur Morrison, a pillar of the community and absolutely reliable in every way,
breaking into a house in an Edinburgh street. Mr. Morrison runs to fetch a policeman;
when they return Sykes is gone. Sykes may be prosecuted for housebreaking, but in the
absence of other evidence he cannot be found guilty. Everyone in Court may be quite
certain that Mr. Morrison is speaking the truth, but that is technically insufficient to
convict Sykes. What is needed is another eye-witness, or Sykes’ fingerprints inside the
house, or evidence by the householder and the police that a handsome silver teapot
stolen from the burgled house was later discovered in Mr. Sykes’ display cabinet. It may
be exasperating in some cases but it is intended to benefit accused persons and
safeguard them against malicious accusations. In England one credible witness, if the
jury believes his story, may be enough to convict the accused.
Opening Statements
Presumption of Innocence
In England the trial starts with the
prosecution lawyer addressing the jury.
This allows them to influence the jury
before any evidence is presented. The
first thing which the jury hears is about the
horrors of the crime that the defendant is
accused of. In Scotland there are no
opening statements so that the jury can
concentrate on the evidence to decide if
someone is guilty rather than only thinking
about the horror of the crime.
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If a person is accused of a
crime it is up to the
prosecution to prove them
guilty. It is assumed that they
are innocent until they are
proven guilty. They have the
right to remain silent at their
trial. This cannot be taken as a
sign of their guilt.
Section C
The Sheriff Court
The diagram above is a Sheriff Court sitting on a case of Solemn Procedure. Solemn
procedure means that the case is being heard by a judge and jury. Examples of the type
of case which would be held in the Sheriff Court would be: assault, theft, embezzlement
Work Unit 6
1. Explain the differences between the jury system in England
and Scotland?
2. Explain what is meant by ‘Corroboration of Evidence’?
3. Why do you think there are no ‘Opening Statements’ in
Scottish trials?
4. Explain what is meant by the ‘Presumption of Innocence’?
5. What types of cases face a ‘solemn procedure’?
6. Copy the diagram of the Sheriff Court into your jotter.
K. Miller
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