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Charged with an offence or going to court in Scotland: what happens next?

In Scotland the procurator fiscal decides whether to prosecute, offer an alternative such as a fiscal fine, or take no action. Less serious cases are heard without a jury under summary procedure, in the justice of the peace court or the sheriff court. Serious cases are heard by a jury of 15 under solemn procedure, in the sheriff court or the High Court of Justiciary. In trials starting on or after 1 January 2026 the 'not proven' verdict has been abolished, so the verdict is guilty or not guilty. Scotland has no suspended sentences, but a court can defer sentence, and there is a presumption against prison sentences of 12 months or less.

Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check and recent changes.

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What happens, stage by stage

Stage 7: Procurator fiscal decision

The Crown Office and Procurator Fiscal Service (COPFS) decides in the public interest whether there is enough evidence (normally corroborated) and what to do. Options: no action, a direct measure (fiscal warning, fiscal fine up to £500, fiscal compensation up to £5,000, fiscal work order of 10-50 hours, diversion), summary prosecution, or solemn prosecution (jury trial).

Time limits

Most statutory summary-only offences must be prosecuted within 6 months unless a specific statute says otherwise (CP(S)A 1995 s.136). Common law crimes have no general time limit. A fiscal fine offer can be refused within 28 days; otherwise it is deemed accepted.

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Stage 8: Custody court or first calling

Summary cases: at the first calling (pleading diet) you plead guilty or not guilty and bail is decided. Solemn cases: you appear on petition in private before a sheriff, usually make no plea, and are committed for further examination, then fully committed later, with bail decided.

Time limits

Bail must be decided at the first appearance or by the end of the next court day (s.22A). Full committal on petition usually follows about a week later. Custody cases can be heard in any sheriff court in Scotland since 1 December 2025.

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Stage 9: Intermediate diet, first diet or preliminary hearing

Summary: at the intermediate diet the court checks whether both sides are ready for trial and whether you still plead not guilty. Sheriff and jury: a first diet checks readiness. High Court: a preliminary hearing deals with preliminary issues and fixes the trial. Pleas can be changed at these hearings.

Time limits

Solemn (remanded): indictment within 80 days of full committal; first diet or preliminary hearing within 110 days; trial within 140 days. Solemn (bail): first diet or preliminary hearing within 11 months and trial within 12 months of first appearance. Summary (remanded): trial within 40 days. Courts can extend; cases started before 1 December 2025 may keep longer Covid-era limits.

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Stage 10: Trial

Summary trials are decided by a sheriff or justice of the peace alone; solemn trials are before a jury of 15. The Crown must prove guilt beyond reasonable doubt. For trials starting on or after 1 January 2026 the only verdicts are guilty or not guilty, and a guilty jury verdict needs at least 10 of 15 jurors.

Time limits

Trial dates are subject to the statutory time limits above.

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Stage 11: Sentence

After a guilty plea or verdict the court may adjourn for reports, defer sentence for good behaviour, or sentence immediately. Options include admonition, absolute discharge, fine, compensation order, community payback order, restriction of liberty order, drug treatment and testing order, driving ban and custody. Courts follow Scottish Sentencing Council guidelines.

Time limits

Adjournment for reports is limited to 4 weeks at a time (8 weeks on cause shown). Short-term prisoners (under 4 years) are released automatically at 30% of the sentence since 12 May 2026 (50% for sexual and domestic abuse offences).

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Stage 12: Appeal

Summary appeals go to the Sheriff Appeal Court; solemn appeals go to the High Court of Justiciary as the appeal court. Leave (permission) is needed, granted if there are arguable grounds. The Crown can appeal an unduly lenient sentence. After appeals are exhausted, the Scottish Criminal Cases Review Commission can refer cases.

Time limits

Summary: apply for a stated case within 1 week of the final decision; sentence-only note of appeal within 1 week. Solemn: intimation of intention to appeal within 2 weeks, then note of appeal within 8 weeks; sentence-only note within 2 weeks. Late appeals need the court's permission.

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These are 6 of the 12 stages of a criminal case. See every stage on one page.

Common questions

Prosecution and the procurator fiscal: 12 questions answered
Courts and trials in Scotland: 12 questions answered
Bail, undertakings and remand: 12 questions answered
Sentencing in Scotland: 12 questions answered

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In England or Wales? The law there is different: read the England & Wales version of this page.

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