The Police
There are seven police forces in Scotland. There is no national police
force. The police are generally free from central government involvement.
Local politicians do however sit on the various police boards. The day to
day running of the force is the responsibility of the Chief Constable. The
police's prime responsibility is the prevention and detection of crime.
The procurator fiscal can instruct the police to carry out investigations
but in general the investigation of crime is the responsibility of the
Chief Constable.
When a crime has been reported, the police investigate the matter and
then report the case to the Procurator Fiscal.
Prosecuting Crime
The responsibility for the prosecution of crime in
Scotland lies with the state. The Crown in the form of the
Procurator Fiscal and Crown Office in Edinburgh carry out this function. It is possible but very rare for crime to be prosecuted
privately in Scotland.
Once a crime has been reported by the police to the
fiscal it is then exclusively a matter for him whether he prosecutes or
not. In the event of the victim or the complainer
withdrawing his complaint the fiscal invariably, in the public interest,
continues with the prosecution. This is a not uncommon occurrence in
domestic violence cases.
The Criminal Courts
There are three levels of criminal courts in Scotland. Murder, Rape and
all serious crime is prosecuted in the High
Court of Justiciary. Intermediate level crime is dealt with by the Sheriff
Court and minor crime by the District
Courts.
Solemn Procedure
All serious crimes in Scotland are prosecuted under solemn procedure.
Simply, this means you are tried by judge and jury. If a case is dealt
with in the High Court then it is always under solemn procedure. Cases in
the Sheriff Court can be tried by either solemn or summary.
The role of the jury is to decide upon the facts -
whether the crime was committed and by whom. The role of the judge is to
apply the law.
There is no right of trial by jury. It is the Crown who
decide whether a case is prosecuted summarily or not. This choice is in
many cases illusory as sentences in summary cases are usually limited to
six months imprisonment. If the case is a serious one the Crown will have
little choice but to have it heard under Solemn procedure.
Certain cases such as murder and rape are always tried
under solemn procedure and in the High Court in any event.
Summary Procedure
In contrast the more minor crimes are tried in front of
a judge sitting alone. The judge in this instance decides on both the
facts and the law.
The European Convention on Human Rights
The Convention has been part of the domestic law in Scotland since may
1999. It has already had a significant impact upon he Criminal Law.
Article six of the Convention has particular importance for criminal law as it ensures the right of the individual to a fair trial. The
Scottish system of Criminal law has long been considered superior to its
English counterpart. This has led to a feeling of superiority and perhaps complacency
has crept in. Many entrenched practices have, in the last few months, been
found to be in breach of the Convention.
For more information on Human Rights
click here
To see the full version of
the Convention click here
Legal Aid
Legal aid is widely available for serious crime. The granting of legal
aid does depend upon financial circumstances. The fees paid to Solicitors
for carrying out the defence of summary crime is currently being reviewed
by the Courts.
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