What happens in Court?

First calling

In serious cases heard by a jury, one or two procedural hearings may be held in private. In less serious cases, there may also be one or two procedural hearings held in public, at which the accused will say whether or not they admit committing the crime. At these hearings the judge/sheriff will decide whether the accused should be held in custody, or released, possibly on bail.

Not guilty

If the accused pleads not guilty, a date will be fixed for the trial, at which evidence in the case will be heard. This date is likely to be several months ahead.

Guilty

The accused can plead guilty to the charges at any stage in the proceedings. This can be done on a date already fixed for hearing the case or the date of the case can be brought forward for this purpose. Once the accused has admitted guilt, the case proceeds to sentence.

Intermediate or first diet

A couple of weeks before the trial, a hearing may be held to confirm that the trial is ready to proceed. If, for any reason, the trial cannot go ahead as planned, a new date will be fixed.

Trial

At the trial, both the prosecutor and the accused’s solicitor can call witnesses to give evidence. Sometimes the trial may not go ahead on the arranged day. This can happen for a number of reasons, for example the accused or an important witness may not appear, or some evidence may not be available.

Verdict

After all the evidence has been presented, a decision is taken on the guilt of the accused. In jury trials, the jury makes his decision. In all other trials, the sheriff makes this decision.

Sentence

If the accused has admitted guilt, the prosecutor provides the court with a brief account of the circumstances of the crime. If the accused was found guilty after a trial, the court will already have this information. The prosecutor will also give the court details of any previous criminal record of the accused. The judge/sheriff will impose a sentence. This may be done on the same day, or the case may be continued for a few weeks, to get background or medical reports on the accused.

Before sentence is passed, the accused or her/his solicitor will be given an opportunity to explain to the court the reason for committing the crime, and to put forward any relevant information about her/his personal circumstances.

In deciding the sentence the judge/sheriff will consider:

  • the whole circumstances of the crime
  • any criminal record of the accused
  • the accused’s personal circumstances

The judge/sheriff must also take into account:

  • the age of the accused, if he or she is under 21
  • whether the accused has been to prison before
  • any relevant guidance provided by the High Court
  • any time the accused has spent in custody awaiting trial
  • a plea of guilty
  • any minimum sentence required by law
  • racial aggravation