Criminal courts

Following the Criminal Proceedings etc (Reform) (Scotland) Act 2007, District Courts have been replaced by Justice of the Peace (JP) Courts. These are being administered by the Scottish Court Service. In most cases the location of the court has not changed.

A JP Court is a lay court where a Justice of the Peace who is not legally qualified sits with a legally qualified Clerk, who provides advice on matters of law and procedure. In these courts, cases are judged by one or more justices of the peace, or by a stipendiary magistrate. JP courts tend to deal with less serious criminal matters (or 'summary' matters) such as breaches of the peace, drunkenness and minor traffic offences.

Sheriff courts have the jurisdiction to deal with nearly all crimes committed within the sheriffdom except for very serious offences such as murder or rape. 'Summary' cases are heard by a sheriff and 'solemn' cases are heard by a jury of 15.

The High Court of Justiciary tries the most serious crimes ('solemn' cases). Its jurisdiction extends to the whole of Scotland. The cases are heard by a judge from the Court of Session (who are called Lords Commissioners of Justiciary when hearing criminal cases), and a jury of 15. In difficult or important cases, more than one judge will sit (usually three).

Three judges hear the appeals that may be from a summary or solemn court. The person convicted may appeal against conviction, sentence or both. The prosecutor may also appeal against the sentence imposed. There is no right of appeal to the House of Lords.