Diploma in Professional Legal Practice (DPLP) Criminal Court Practice Syllabus

Distinguish routine disclosure from the duty to reveal exculpatory material.

Routine disclosure covers evidence the Crown intends to lead; there is a separate continuing duty to disclose any information that materially weakens the Crown case or strengthens the defence.

What must a summary complaint contain?

A statement of the charge(s) specifying the offence and identifying the accused, signed by the prosecutor (procurator fiscal).

What happens at the first calling (first diet) of a summary complaint?

The accused tenders a plea. If not guilty, intermediate and trial diets are fixed; if guilty, the court may sentence immediately or adjourn for reports.

What is the general time limit for commencing summary proceedings for a statutory offence?

Generally 6 months from the date of the offence under section 136, unless the statute provides otherwise; common law offences have no fixed statutory limit.

In a summary trial, on whom is the burden of proof and to what standard?

On the Crown, which must prove guilt beyond reasonable doubt.

What is the purpose of the intermediate diet in summary procedure?

A pre-trial hearing to check the parties' state of preparation, ascertain pleas, and resolve preliminary issues before the trial diet.

Outline the order of proceedings in a summary trial.

The Crown leads its evidence; the defence may make a no-case-to-answer submission; the defence leads any evidence; closing speeches; then the judge delivers the verdict.

What is a submission of no case to answer under section 160?

A defence motion that the Crown's evidence is insufficient in law to justify conviction; if upheld, the accused is acquitted without needing to lead a defence.

What are the maximum custodial sentences in the summary sheriff court and the JP court?

Summary sheriff court: generally up to 12 months. JP court: generally up to 60 days.

How is a summary conviction appealed?

By stated case to the High Court of Justiciary against conviction and/or sentence, or by note of appeal where only the sentence is challenged.

What is the general fine limit on a summary complaint in the sheriff court?

The prescribed sum / statutory maximum (level 5 on the standard scale), unless a particular statute sets a higher maximum.

What occurs at the petition stage in solemn procedure?

The accused makes their first appearance, usually in private before the sheriff, normally makes no plea (declaration), and the Crown seeks committal.

Distinguish committal for further examination from full committal.

Committal for further examination is an interim step allowing further investigation; full committal commits the accused for trial and, if they are in custody, starts the 80/110/140-day clocks.

State the solemn custody time limits (the 80, 110 and 140-day rules).

From full committal in custody: the indictment must be served within 80 days; the preliminary hearing/first diet must be held within 110 days; and the trial must commence within 140 days, failing which the accused is released on bail.

What is the 12-month rule in solemn procedure?

Under section 65, the trial must commence within 12 months of the accused's first appearance on petition, otherwise proceedings fall, subject to extension by the court.

What is a first diet, and in which court does it occur?

A mandatory pre-trial hearing in sheriff court solemn cases to ascertain the plea, check state of preparation, and dispose of preliminary pleas and issues.

What is a preliminary hearing?

The equivalent pre-trial hearing in High Court solemn cases, dealing with preliminary matters, confirming readiness, and fixing the trial diet.

Distinguish preliminary pleas from preliminary issues in solemn procedure.

Preliminary pleas challenge the competency or relevancy of the indictment; preliminary issues include special defences, admissibility questions, and compatibility/devolution minutes. They must usually be raised by the first diet or preliminary hearing.

How many jurors sit in a Scottish criminal trial, and how many are needed to convict?

15 jurors sit; a simple majority of at least 8 is required to return a guilty verdict.

What verdicts are available to a Scottish criminal jury, and which are acquittals?

Guilty, not guilty, and not proven; both not guilty and not proven are acquittals with the same legal effect.

What is a special defence and when must notice of it be given?

A defence such as alibi, self-defence, incrimination, insanity/automatism, or coercion. Advance written notice must be lodged (by the first diet or preliminary hearing in solemn cases).

What is the corroboration requirement in Scots criminal evidence?

The essential facts (that the crime was committed and that the accused was the perpetrator) must be proved by at least two independent sources of evidence.

What is the Moorov doctrine?

A doctrine of mutual corroboration: the evidence of a single witness to each of several similar offences can corroborate the others where they show an underlying unity of time, character and circumstances.

What is the general rule on the admissibility of hearsay in Scottish criminal trials?

Hearsay is generally inadmissible, subject to statutory and common law exceptions (e.g. section 259, where the witness is dead, unfit, or cannot be found).

What is the rule on an accused's previous convictions and character at trial?

They are generally inadmissible and not revealed to the jury before verdict; they are disclosed only at sentencing, subject to limited exceptions.

Name the main non-custodial sentencing options available to a Scottish court.

Admonition, absolute discharge, fine, compensation order, Community Payback Order, restriction of liberty order, and deferred sentence.

What is a Community Payback Order (CPO)?

A community sentence under the 2010 Act imposing one or more requirements (e.g. unpaid work, supervision, programme, conduct) as an alternative to custody.

What principles guide a Scottish court when sentencing?

Proportionality, the purposes of sentencing (punishment, public protection, deterrence, rehabilitation and reparation), custody as a last resort (especially for young or first offenders), and Scottish Sentencing Council guidelines.

How is a solemn conviction appealed, and what is the test?

By note of appeal to the High Court of Justiciary sitting as the Court of Criminal Appeal; the test, under section 106, is whether there has been a miscarriage of justice.

What is the SCCRC and what is its role?

The Scottish Criminal Cases Review Commission, an independent body that investigates alleged miscarriages of justice and may refer a case back to the High Court for a fresh appeal.