Procedure in the High Court Simplified Revision Notes for Scottish Highers Modern Studies
Revision notes with simplified explanations to understand Procedure in the High Court quickly and effectively.
Learn about The Scottish Court System for your Scottish Highers Modern Studies Exam. This Revision Note includes a summary of The Scottish Court System for easy recall in your Modern Studies exam
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Procedure in the High Court
Initial Hearing:
The charges are read out, and the accused is asked to plead guilty or not guilty.
If the plea is guilty, the judge may proceed to pass the sentence immediately.
If the plea is not guilty, the case proceeds to trial.
Trial Process:
The trial involves both the prosecution and the defence presenting their cases.
This includes making speeches, presenting evidence, and calling witnesses.
The judge oversees the proceedings, ensuring legal standards are upheld.
Judge's Instructions:
After the presentations, the judge sums up the case for the jury.
The judge advises the jury on points of law relevant to the case.
Jury Deliberation:
The jury discusses the case in private.
Deliberations may take several days, especially in complex cases.
Verdict Announcement:
The jury returns to the court to announce their verdict.
If the verdict is guilty, the judge proceeds to sentence the accused.
Sentencing:
The judge determines the appropriate sentence based on the nature of the crime and other relevant factors.
Not Guilty or 'Not Proven':
If the accused is found not guilty or the charge is 'not proven' (when the jury suspects guilt but it's not proven beyond doubt), the accused is discharged.
In principle, the individual cannot be retried for the same offence.
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