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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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).
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.
- Direct measures are not convictions; fiscal fines and similar offers become spent after 3 months, warnings immediately.
- You can refuse a fiscal offer and have the case decided by a court.
- You can make representations to the fiscal through a solicitor.
- Should I accept or refuse the fiscal's offer?
- What court and procedure is likely?
- Is legal aid available?
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.
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.
- Right to a solicitor at court; the duty solicitor can act if you have none.
- Bail must be granted unless the court finds good reason to refuse it: refusal must be necessary for public safety (including protecting the complainer) or to prevent a significant risk to the interests of justice (s.23B, in force 14 May 2025).
- Right to appeal a bail refusal.
- How should I plead?
- Can I get bail and what conditions apply?
- Is legal aid available?
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.
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.
- Right to see the evidence disclosed by the Crown.
- Right to lodge special defences and preliminary pleas through your solicitor.
- Right to object to extensions of time limits.
- Has the Crown disclosed everything?
- Should I change my plea?
- What witnesses are needed?
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.
Trial dates are subject to the statutory time limits above.
- Presumption of innocence.
- Right not to give evidence, and to call your own witnesses.
- Right to legal representation, often with legal aid.
- In some sexual offence cases you cannot conduct your own defence.
- Should I give evidence?
- What are the strengths and weaknesses of the Crown case?
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.
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).
- Right to make a plea in mitigation through your solicitor.
- Custody of 12 months or less must not be imposed unless no other method is appropriate (CP(S)A 1995 s.204(3A)).
- After a guilty plea the court must say whether the plea reduced the sentence and, if not, why (s.196).
- What sentence range is realistic?
- How long until my conviction is spent?
- Should I appeal?
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.
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.
- Right to appeal conviction and/or sentence, with leave.
- Legal aid may be available for appeals.
- You can apply to the SCCRC with no time limit.
- Are there arguable grounds of appeal?
- Could the sentence increase on a Crown appeal?
- Can I get bail pending appeal?
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
- What happens after police report me to the Procurator Fiscal?
- What decisions can the Procurator Fiscal make in Scotland?
- What is a fiscal warning?
- What is a fiscal fine in Scotland?
- What are fiscal compensation offers and fiscal work orders?
- What is diversion from prosecution in Scotland?
- What is a Recorded Police Warning in Scotland?
- Do fiscal fines, warnings or diversion give me a criminal record in Scotland?
- What is the difference between summary and solemn procedure in Scotland?
- Which court will deal with my criminal case in Scotland?
- Is there a time limit for prosecuting a crime in Scotland?
- Can a victim challenge a decision not to prosecute in Scotland?
Courts and trials in Scotland: 12 questions answered
- What are the different criminal courts in Scotland?
- What is the difference between summary and solemn procedure?
- What happens at my first court date in a summary case?
- What happens in a serious case after I appear on petition?
- What are the maximum sentences each court can give?
- Is the not proven verdict still used in Scotland?
- How many jurors are there and how many must agree to convict?
- Does Scotland still need corroboration to convict someone?
- What happens if I miss a court date in Scotland?
- How do I appeal in a summary case?
- How do I appeal after a jury trial?
- What can I do if my appeal has failed?
Bail, undertakings and remand: 12 questions answered
- What is the difference between an undertaking and bail in Scotland?
- What conditions can police put on an undertaking in Scotland?
- What is investigative liberation and how long does it last?
- What happens if I am kept in custody to appear at court in Scotland?
- How does a court decide whether to grant bail in Scotland?
- What are the standard bail conditions in Scotland?
- Can bail be electronically monitored in Scotland?
- What happens if I break my bail conditions in Scotland?
- What happens if I break an undertaking or investigative liberation conditions?
- How long can I be remanded in custody before trial in Scotland?
- Can I appeal if bail is refused in Scotland?
- Can I ask to change my bail conditions or apply for bail again?
Sentencing in Scotland: 12 questions answered
- How do courts in Scotland decide on a sentence?
- Which sentencing guidelines are in force in Scotland?
- What types of sentence can a Scottish court give?
- What is a community payback order?
- What are restriction of liberty orders and drug treatment and testing orders?
- Is there a presumption against short prison sentences in Scotland?
- Will I get a lower sentence for pleading guilty?
- What is a criminal justice social work report?
- How are young people sentenced in Scotland?
- When will a prisoner be released in Scotland?
- What happens if someone breaks their licence conditions?
- Can a sentence be appealed or challenged as too lenient?
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