ROLE OF THE CROWN OFFICE IN THE SCOTTISH SYSTEM OF CRIMINAL PROCEDURE

• NCJ Number: 54869
• Author(s): W G CHALMERS
• Date Published: 1978
• Length: 11 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: France
• Note: PAPER FROM THE COUNCIL OF EUROPE STUDY VISIT TO EDINBURGH (SCOTLAND), JULY 12-14, 1978

Annotation

PERSONNEL SELECTION, JURISDICTION, AND DISCRETION ASPECTS OF THE CRIMINAL JUSTICE SYSTEM IN SCOTLAND ARE ADDRESSED, AND COURT ORGANIZATION, PROSECUTION, AND SENTENCING ARE DISCUSSED.

Abstract

CRIMINAL COURTS CONSIST OF A THREE-TIER STRUCTURE: HIGH COURT OF JUSTICIARY, SHERIFF COURT, AND DISTRICT COURT. THERE IS ONE APPEAL COURT THAT HANDLES APPEALS FROM THE THREE OTHER COURTS. THE TOTAL CASELOAD OF PROSECUTIONS IN 1977 WAS APPROXIMATELY 250,000, CONSIDERED TO BE HIGH SINCE SCOTLAND HAS A POPULATION OF ONLY 5.5 MILLION. THE NUMBER OF APPEALS HEARD IN THE SAME YEAR TOTALED 1,450. MOST CRIMES PROSECUTED IN THE HIGH COURT INVOLVE COMMON LAW AND, AT LEAST IN THEORY, THERE IS NO LIMIT TO THE SENTENCE OF IMPRISONMENT IMPOSED. IF PROSECUTION IS FOR A STATUTORY OFFENSE, A MAXIMUM PENALTY IS PRESCRIBED BY STATUTE. ALL TRIALS IN THE HIGH COURT PROCEED BEFORE A JURY. THIS IS NOT THE CASE IN THE SHERIFF COURT WHERE ONLY A SMALL NUMBER OF TRIALS ARE CONDUCTED BEFORE A JURY AND WHERE MOST CASES ARE DECIDED BY A SHERIFF SITTING ALONE. WHEN A CASE IS BROUGHT BEFORE A SHERIFF AND A JURY, THE MAXIMUM PENALTY A SHERIFF CAN IMPOSE FOR COMMON LAW CRIMES IS 2 YEARS IMPRISONMENT. IN SUMMARY CASES, THE PENALTY IS RESTRICTED TO 3 MONTHS IMPRISONMENT OR 6 MONTHS IN EXCEPTIONAL CASES. THE DISTRICT COURT MAXIMUM IS 60 DAYS. THE CROWN OFFICE HAS STRICT CONTROL OVER CRIMINAL PROSECUTIONS AND INDICTMENT PROCEDURES. SEMINARS ARE HELD BY THE OFFICE TO DEAL WITH PERSONNEL SELECTION AND TRAINING. IN VARIOUS WAYS, THE OFFICE HELPS ESTABLISH LAW; E.G., IT IS INVOLVED IN THE WAY INDICTMENTS ARE FRAMED AND IN THE WAY APPEALS ARE PRESENTED. PROSECUTORS ARE RESPONSIBLE FOR INSURING THAT COURTS ARE NOT OVERLOADED AND THAT DELAYS IN COURT PROCESSING DO NOT OCCUR. PLEA BARGAINING IS ENCOURAGED. PROSECUTORS AT ALL LEVELS OF THE COURT STRUCTURE MAY DROP CHARGES OR ACCEPT PLEAS TO LESSER CHARGES IN THE INTEREST OF EXPEDIENCY. AN ELEMENT OF DISCRETION IS EXERCISED BY ALL PROSECUTORS TO ASSURE FAIRNESS IN THE SCOTTISH CRIMINAL JUSTICE SYSTEM. ROLES OF COURT PERSONNEL, PARTICULARLY THE LORD ADVOCATE POSITION, PROSECUTORS, AND POLICE, ARE DETAILED. RULES AND PROCEDURES DEALING WITH COURT JURISDICTION ARE EXAMINED. (DEP)