SENTENCING AND CRIMINAL PENALTIES IN SCOTLAND
Mode of Trial
The options are:
Summary trial only, i.e. trial by a justice (or a
stipendiary magistrate) in the district court or by a
sheriff sitting without a jury.
Trial either summarily or on indictment
Trial on indictment only, i.e. trial by jury either
in the sheriff court or in the High Court.
The majority of proceedings before the courts are
summary complaints. The proceedings leading to trial on
indictment are known as "solemn proceedings".
Indictment-only offences are rare. They include serious
common law crimes such as murder, culpable homicide, rape
and the statutory offence of causing death by dangerous
driving. Most statutory offences serious offences or
regulatory offences which control dangerous activities
(such as hazardous waste disposal etc) are usually made
triable either summarily or on indictment. Lesser offences
are generally triable only summarily. Penalties are
themselves an important factor in determining modes of
trial, because of the sentencing powers available to the
High, Sheriff and District courts, (see penalties). It is
for the prosecution in all cases and subject, only to any
mode of trial provisions, to determine in which court a
case will be heard.