Terra Firma Chambers, Edinburgh and Field Court Chambers, London

This Practice Note explains the obligations on the Crown Office and Procurator Fiscal Service (COPFS), Scotland’s sole prosecuting authority, to provide all material information which it holds to the defence during criminal proceedings in Scotland. The duty on the Crown to disclose such evidence applies to cases being prosecuted under both summary and solemn procedure.

This Practice Note explains the procedure for obtaining evidence relevant to Scottish criminal proceedings that is not subject to the Crown’s disclosure obligations under the Criminal Justice and Licensing (Scotland) Act 2010, or held by a third party.

This Practice Note provides an introduction to the approach taken by Scottish criminal courts to sentencing corporate criminal/regulatory offences. It highlights and explains the factors which the Scottish sentencing courts take into account when sentencing organisations and individuals for corporate crime offences.

This Practice Note explains summary criminal procedure in Scotland. It covers how proceedings are raised, how proceedings against organisations are brought, bail, applicable time limits, pleading diets, dealing with preliminary pleas and issues, disclosure, Health and Safety Division cases, defence statements, notices of defence, intermediate diets as well as the trial diet.

This Practice Note provides an overview of the investigation and prosecution of criminal offences in Scotland. It covers who investigates and prosecutes crime in Scotland, explaining the roles of Police Scotland, Crown Office and Procurator Fiscal Service, the Lord Advocate, Crown Counsel and the Procurator Fiscal. It then looks at how a decision to prosecute is made, the criteria in the Prosecution Code and alternatives to prosecution. It also summarises what happens once a decision is taken to prosecute both in terms of summary proceedings and solemn proceedings.

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.

This flowchart demonstrates the stages of the solemn criminal procedure in Scotland which involves the most serious of criminal cases. These may ultimately lead to a trial either before a judge in the High Court or before a Sheriff in one of the Sheriff courts.