B1.12.2 Criminal Courts
The Criminal Courts in Scotland are as follows:
- Justice of the Peace (JP) Court
- Sheriff Court
- The High Court of Justiciary
Justice of the Peace (JP) Court
Cases dealing with minor offences are heard before a Justice of the Peace in the Justice of the Peace (JP) court. JPs are not usually qualified solicitors.
Examples of cases the Justice of the Peace court can deal with are:
- Some traffic offences, for example driving through a red traffic light.
- Being drunk and disorderly.
- Assaulting a police officer.
The maximum sentence a JP can impose is a fine of £2,500 or imprisonment for up to 60 days or both.
Sheriff Court
The Sheriff Court can deal with some criminal cases. Cases can be heard before a sheriff or a sheriff and a jury.
Examples of criminal cases the sheriff court can deal with are:
- Theft.
- Assault.
- Possession of drugs.
- Soliciting.
- Appeals from the Children’s Hearing.
The maximum sentence for cases heard before a sheriff is a fine of £10,000 or 12 months in prison.
The maximum sentence for cases heard before a sheriff and jury is 5 years (3 years for cases that were first called before 1 May 2004) in prison or an unlimited fine.
Appeals may be taken to the High Court. This is the final court of appeal for all criminal cases.
The High Court of Justiciary
Serious cases, such as murder, are dealt with by the High Court, heard by a judge and jury. Examples of cases which the High Court can deal with are:
- Murder.
- Rape.
- Incest.
- Treason.
- Large scale fraud.
Appeals may be taken to the High Court. This is the final court of appeal for all criminal cases.