Scotland courts

The International Criminal Court Act 2001 and the International Criminal Court (Scotland) Act 2001 received the Royal Assent on 11 May and 28 September 2001 respectivdy... 

Scotland, which allows the defendant to go free but carries a stigma, as it not only states that the prosecution failed to prove its case, but also indicates that the defense failed to convince the jury of the defendant s innocence). Madeleine Smith walked free from the court and fled to Rowaleyn. Her engagement to William Minnoch was called off and the Smith family tried to forget about the unfortunate incident. However, public interest in the case refused to die down. 

Some of the courts and routes of appeal in Scotland and Northern Ireland are different from those in England. These are shown in Figure 1.2(a) and (b) for criminal and civil cases respectively. 

Described below are the procedures for English courts. Certain of the procedures followed in the courts in Scotland and in Northern Ireland differ from those in English courts. Some indications of these differences are given in Figure 1.2. 

Prosecute any person contravening a relevant statutory provision -instead of, or in addition to, serving a notice. Certain offences may be prosecuted only summarily in a magistrates court in England and Wales or a Sheriff court in Scotland. The majority of offences may be prosecuted either summarily, or on indictment in the Crown Court in England and Wales or the Sheriff court in solemn procedure in Scotland. In most cases, where offences are triable either way, they are nevertheless prosecuted summarily if the court and the defendant consent to this. 

Criminal cases in England are heard in the magistrates courts and in the Crown Court in Scotland mostly in the Sheriff Court, and in the High Court of Justiciary. In Northern Ireland criminal cases are tried in magistrates courts and in the Crown Court. In all three countries the more serious criminal cases are heard before a jury, except in Northern Ireland for scheduled offences under the Northern Ireland (Emergency Provisions) Acts of 1978 and 1987. 

English courts hearing civil actions are the country courts and the High Court in Scotland the Sheriff Court and the Court of Session. In Northern Ireland the County Court and the High Court deal with civil accident claims. Civil cases rarely have a jury in personal injury cases only in the most exceptional circumstances. 

For Scotland the Sheriff Court is an inferior court while the superior courts are the House of Lords, the Court of Session and the High Court of Justiciary. 

Scotland also has separate but parallel frameworks for the organisation of its civil and criminal courts. These are shown diagrammatically in Figures 1.4 and 7.5 and are discussed below. 

In Scotland precedent is important, but there is also emphasis on principle. The European Court of Justice regards precedents but is not bound by them. 

An appeal is possible from an industrial tribunal decision, but only on a matter of law. In respect of enforcement notices it is to the High Court in England and to the Court of Session in Scotland. In respect of other matters it is to the Employment Appeal Tribunal except in N. Ireland. 

The Employment Appeal Tribunal is a superior court associated with the High Court. It sits with a judge and 2 lay members, and all have equal voice. Parties may be represented by any person they wish, and legal aid is available. Further appeal is to the Court of Appeal (in Scotland to the Inner House of the Court of Session). In N. Ireland there is no Employment Appeal Tribunal. An Industrial Tribunal s decision may be challenged by review by the Tribunal itself, by judicial review by the High Court, or by way of case stated to the Court of Appeal. 

Main types of court likely to deal with safety and health issues in England and Wales, Scotland and Northern Ireland. 

Civil law concerns disputes between individuals or individuals and companies. An individual sues another individual or company to address a civil wrong or tort (or delict in Scotland). The individual who brings the complaint to court is known as the plaintiff (pursuer in Scotland) and the individual or company who is being sued is known as the defendant (defender in Scotland). 

Scotland has both criminal and civil courts but prosecutions are initiated by the procurator-fiscal rather than the Health and Safety Executive. The lowest criminal court is called the District Court and deals with minor offences. The Sheriff Court has a similar role to that of the Magistrates Court (for criminal cases) and the County Court (for civil cases), although it can deal with more serious cases involving a sheriff and jury. 

The system of the courts which enforce both criminal and civil law and the details of types oflaw vary between England and Wales on one hand and Scotland on the other. The legal system is served by three... 

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