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The High Court of Justiciary as a Court, or the Lord Justice General, Lord Justice Clerk and Lords Commissioners of Justiciary as a body, have the power to regulate criminal procedure in the criminal courts in Scotland: regulations can be made for the High Court, sheriff courts (summary and solemn procedures), and the justice of the peace courts.
Civil procedure is regulated by Acts of Sederunt which are ordinances passed by the Court of Session. Rules for the functioning of the Court of Session were decided upon by the Court of Session Rules Council, which was instituted by the Administration of Justice (Scotland) Act 1933 and reconfirmed by the Court of Session Act 1988 [1] [2] and ...
In the 19th century, a reforming of the High Court of Justiciary made all Lords of Session ex officio Lords Commissioners of Justiciary. That reformation, while now repealed, is replicated by the Criminal Procedure (Scotland) Act 1995, which further provides that the Lord President of the Court of Session is to hold the office of Lord Justice ...
The current power to regulate of the High Court comes from section 305 of the Criminal Procedure (Scotland) Act 1995, which allows the court to make Acts concerning practice and procedure including by electronic means, summary procedure fees, payment of fines by prisoners, and to make law necessary for the implementation of Acts of Adjournal ...
Criminal procedure in Scotland is generally regulated by the Criminal Procedure (Scotland) Act 1995 (as amended) and various Acts of Adjournal passed by the High Court of Justiciary. Juries in these cases consist of 15 people; if jurors drop out e.g. because of illness the trial can continue with a minimum of 12 jurors.
This procedure is followed in both civil and criminal causes. [2] The subsequent statement is generally inadmissible as evidence in the trial, [ 3 ] but it allows the procurator fiscal , advocate or solicitor in Scotland to appear before the Courts of Scotland knowing what evidence each witness is likely to present.
Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases. An appeal may also be made to the High Court if the High Court itself heard the case at first instance. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction ...
An Act to amend the law of Scotland relating to the Court of Session and procedure therein, to the appointment of Officers in the said Court and the High Court of Justiciary, to criminal jury trials and to the Sheriffs and procedure in the Sheriff Court, and with regard to solicitors' fees; and for purposes connected therewith. Citation