Where will the case be heard?

A number of important factors determine which court will hear a particular case, including the following:

First, the seriousness of the crime, and the likely length of the sentence to be imposed:

  • The High Court hears the most serious cases, including all cases of rape and murder. There are no limits on the length of prison sentences, or the amount of any fine, that the High Court may impose
  • The Sheriff Court can hear all other criminal cases. In the more serious cases, the court may impose up to five years’ imprisonment or a fine of any amount. In the less serious cases the maximum prison sentence is normally 12 months - or a fine up to £10,000
  • Stipendiary Magistrates hear less serious cases. They may impose up to 12 months’ imprisonment - or a fine up to £10,000. Currently only Glasgow has Stipendiary Magistrates
  • The Justice of the Peace/District Court hears more minor cases, and may impose up to sixty days’ imprisonment - or a fine of up to £2,500

If the person accused of the crime has previous convictions, this may increase the length of the sentence.

Second, where the crime was committed:

  • Cases in the Justice of the Peace, District Court, or Sheriff Court, the case will normally be heard in the court closest to where the crime occurred
  • Cases in the High Court may be heard in the High Court Buildings in Edinburgh or Glasgow or in a suitable Sheriff Court in a town or city near where the crime occurred