Courts and Trials in Scotland: 12 questions answered
Criminal cases in Scotland are heard in the justice of the peace court, the sheriff court or the High Court of Justiciary. Less serious cases use summary procedure with a judge alone; serious cases use solemn procedure with a jury of 15. In trials starting from 1 January 2026, the only verdicts are guilty and not guilty.
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What are the different criminal courts in Scotland?
Scotland has three levels of criminal court. The justice of the peace (JP) court deals with minor offences, such as breach of the peace, before a lay justice advised by a legally qualified clerk. The sheriff court hears most criminal cases, either before a sheriff or summary sheriff sitting alone, or before a sheriff with a jury. The High Court of Justiciary tries the most serious crimes, such as murder and rape, and is also Scotland's highest criminal appeal court. The Victims, Witnesses, and Justice Reform (Scotland) Act 2025 will create a separate Sexual Offences Court, but at the time of writing it has not been set up.
What is the difference between summary and solemn procedure?
Summary procedure is used for less serious cases and solemn procedure for serious ones. In a summary case the charge is set out in a document called a complaint, and a judge (a justice of the peace, summary sheriff or sheriff) decides the verdict alone, with no jury. In a solemn case the charges are set out in an indictment, and the trial takes place before a jury of 15 in the sheriff court or the High Court. The procurator fiscal, who is the public prosecutor, decides which procedure and court to use, based on how serious the offence is and what sentence might be needed.
What happens at my first court date in a summary case?
The first hearing in a summary case is usually called the pleading diet, where you tell the court whether you plead guilty or not guilty. If you plead guilty, the court may sentence you that day or adjourn for reports. If you plead not guilty, the court fixes an intermediate diet and a trial diet. The intermediate diet checks that both sides are ready for trial, and many cases are resolved there. At the trial diet, witnesses give evidence and the judge reaches a verdict. You can be represented by a solicitor, and criminal legal aid may be available through the Scottish Legal Aid Board.
What happens in a serious case after I appear on petition?
Serious cases usually begin with a private appearance before a sheriff on a petition, where you are not normally asked to plead. You may be granted bail or remanded in custody, and a short time later the case is usually fully committed for trial. The Crown then serves an indictment. There is a first diet in the sheriff court, or a preliminary hearing in the High Court, to check that the case is ready before the trial. Strict time limits apply: if you are held in custody, the trial must normally start within 140 days, and in all cases within 12 months, unless the court extends the limit.
What are the maximum sentences each court can give?
Each court has a maximum sentencing power. A JP court can impose up to 60 days' imprisonment and a fine of up to £2,500. A sheriff or summary sheriff dealing with a summary case can impose up to 12 months' imprisonment and a fine of up to £10,000, unless the law creating the offence sets a lower limit. A sheriff sitting with a jury can impose up to five years' imprisonment and an unlimited fine, and can send the case to the High Court for sentence if more is needed. The High Court can impose any sentence the law allows, including life imprisonment.
Is the not proven verdict still used in Scotland?
No. The not proven verdict was abolished for criminal trials that started on or after 1 January 2026, under the Victims, Witnesses, and Justice Reform (Scotland) Act 2025. Juries and judges now return a verdict of either guilty or not guilty on each charge, in both summary and solemn cases. A trial counts as starting when the first witness takes the oath in a summary case, or when the jury is sworn in a solemn case. A not proven verdict given in an earlier trial had the same legal effect as not guilty: the person was acquitted and cannot normally be tried again for the same charge.
How many jurors are there and how many must agree to convict?
A Scottish criminal jury has 15 members, and in trials starting on or after 1 January 2026 a guilty verdict needs at least 10 of them to agree. Before that date, a simple majority of eight was enough. If jurors drop out during the trial, it can continue with as few as 12, and the required majority changes: at least 10 of 14, 9 of 13, or 8 of 12. If the required number do not agree that the accused is guilty, the verdict must be not guilty. There are no hung juries in Scotland. Jurors must not discuss the case outside the jury room or research it online.
Does Scotland still need corroboration to convict someone?
Yes. In Scotland, a person generally cannot be convicted unless the crucial facts, that the crime was committed and that the accused committed it, are supported by evidence from at least two separate sources. This is called corroboration. The second source does not have to be another eyewitness; it can be forensic evidence, CCTV, other circumstances, or distress seen soon after an incident. The 2025 justice reforms that abolished not proven did not abolish corroboration. Some statutory offences allow certain facts to be proved in other ways, and a solicitor can explain how the rule applies to particular evidence.
What happens if I miss a court date in Scotland?
If you miss a court date without a reasonable excuse, the court will usually grant a warrant for your arrest. Failing to appear is also a separate offence. Under section 150 of the Criminal Procedure (Scotland) Act 1995 it can lead to a fine and up to 12 months' imprisonment in the sheriff court, on top of any sentence for the original charge. If you were on bail, failing to appear is a bail offence under section 27. If you know you cannot attend, contact your solicitor or the court as soon as possible. If a warrant has been issued, a solicitor can advise on handing yourself in.
How do I appeal in a summary case?
Appeals in summary cases go to the Sheriff Appeal Court. To appeal against conviction, you normally apply for a stated case within one week of the final decision, asking the judge to set out the facts and legal reasoning for the appeal court. To appeal only against sentence, you lodge a note of appeal within one week of sentence. Appeals need leave (permission), which appeal judges decide on the papers. The prosecutor can also appeal against a sentence it considers unduly lenient. The time limits are short, so it is important to speak to a solicitor quickly after the case ends.
How do I appeal after a jury trial?
Appeals after a sheriff and jury or High Court trial go to the High Court of Justiciary sitting as an appeal court. To appeal against conviction, an intimation of intention to appeal must be lodged within two weeks of the case ending, usually the date of sentence, followed by a note of appeal setting out the grounds within eight weeks, which can be extended. An appeal against sentence alone needs a note of appeal within two weeks of sentence. A judge decides on the papers whether to grant leave to appeal. The Crown can appeal a sentence as unduly lenient within four weeks.
What can I do if my appeal has failed?
If your appeal has failed, or you did not appeal in time, you can apply to the Scottish Criminal Cases Review Commission (SCCRC). It is an independent body that investigates possible miscarriages of justice in Scottish convictions and sentences. If it believes a miscarriage of justice may have occurred and that a referral is in the interests of justice, it can refer the case back to the High Court for a fresh appeal. Applying is free, and you can apply yourself or through a solicitor. The SCCRC generally expects you to have used the normal appeal route first, unless there is a good reason why you did not.
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What happens next: the criminal process step by step →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Criminal Procedure (Scotland) Act 1995, Part I (courts and sentencing powers)
- Criminal Procedure (Scotland) Act 1995, section 150 (failure of accused to appear)
- Criminal Procedure (Scotland) Act 1995, section 110 (note of appeal)
- Victims, Witnesses, and Justice Reform (Scotland) Act 2025
- Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (Commencement No. 1 and Transitional Provision) Regulations 2025
- Scottish Government: Abolition of not proven verdict
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