Gavin Anderson, KC

This Practice Note explains how solemn procedure operates in Scottish criminal proceedings. It covers procedure prior to first appearance, the petition, potential accused, first appearance, bail, the committal process, time limits and extensions, preparation by the Crown, pre-trial proceedings, first diets and preliminary hearings. It also explains the changes taking place as a result of the Criminal Justice (Scotland) Act 2016.

This Practice Note explains the jurisdiction of each of the Scottish criminal courts and their respective powers of sentencing. It describes the sentencing options available to each court for sentencing individual and corporate offenders for corporate crime offences including custody, community payback orders, restriction of liberty orders, fines, compensation orders, deferred sentences, admonition and absolute discharges, disqualification orders, remedial action orders, forfeiture, disqualification and the restrictions on the use of victim statements.

This Practice Note explains the solemn trial procedure in Scotland and explains the types of trials that may be assigned, jury selection, who must be present for the start of a trial and what happens at trial diets and dedicated floating trial diets (DFTs). The Practice Note also explains how criminal trials under the solemn procedure begin, the use of statements of uncontroversial evidence and the agreement of evidence, leading of evidence, special measures, evidence in chief and cross examination, and the judge’s role in questioning. No case to answer submissions, defence evidence, addressing the jury, the legal directions given to the jury and seclusion of the jury are also considered.