See also High Court Layout
N.B. Please note that some courtrooms have the witness stand on the opposite side. Contact your local Witness Service office for information on specific courtrooms.
Sheriff Courts
Sheriff Courts
In the
Sheriff Courts of Scotland, criminal trials can be broken down into two types of procedure:
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Summary Procedure: where a Sheriff hears all the evidence in a case and decides on both outcome (verdict) and sentencing. Typical types of crime heard at this level include; minor assaults, property offences, theft and minor sexual offences.
- Solemn Procedure (or jury trial): where a trial is heard before a Sheriff and a jury. The jury decide on the verdict after hearing all the evidence, and the Sheriff advises on points of law and delivers the sentence. Typical types of crime heard at this level include; serious assault, serious sexual assault and fire raising. Sentencing powers here are greater than those available in summary procedure.
Who's Who in the Court
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Sheriff - Sheriffs are experienced in law and ensure that the law is complied with. They are full-time salaried judges appointed by the Crown. In the Sheriff Courts it is a Sheriff that sits 'on the bench' (a raised platform in the courtroom).
- Clerk of Court - The Clerk of Court calls the cases, records the court proceedings, and advises on court procedures.
- Witnesses - Witnesses can be Crown witnesses (called by the Procurator Fiscal) or defence witnesses (called by the accused, or his/her solicitor). Witnesses must not enter the courtroom until asked to do so by the Court Officer. Your local Witness Service office will be able to give you more detailed information on being a witness, contact your local office via the Online Directory of Services.
- Prosecutor - The Procurator Fiscal prepares the case against the person charged with the crime in the Sheriff Court. They decide on whether a case is brought to court based on the amount of evidence and whether it is in the public interest.
- Defence Lawyer - A lawyer normally represents the accused, although they can represent themselves. If the accused is pleading guilty the solicitor can provide background information on their behalf. If pleading not guilty the lawyer defends the accused in court.
- Jury - The jury is made up of 15 members of the public, chosen at random, to decide on the verdict based on the facts of the case (a jury is used only in trials involving solemn procedure).
- Members of the Public - Most cases are open to the public.
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Police - In most courtrooms there will be at least one police officer.