Faculty of Advocates, Optimum Advocates

This Practice Note explains the appeal procedures in Scotland for solemn crime. It covers pre-trial appeals (preliminary objection appeals against the decision of a court at a first diet in the Sheriff Court or preliminary hearing in the High Court of Justiciary); appeals against conviction (or conviction and sentence) in solemn proceedings, bills of advocation; bills of suspension (challenging an illegal warrant); petitions to the nobile officium of the High Court of Justiciary; appeals against sentence; and applications to the Scottish Criminal Cases Review Commission regarding potential miscarriages of justice.

This Practice Note explains the appeal procedures in Scotland for summary crime. It covers pre-trial appeals (an objection to the competency or relevancy of a summary complaint or summary proceedings); stated cases (appeal against conviction); bills of advocation; bills of suspension (challenge to an illegal warrant or conviction); petitions to the nobile officium of the High Court of Justiciary; appeals against sentence; appeals to the High Court of Justiciary from a decision of the Sheriff Appeal Court; and applications to the Scottish Criminal Cases Review Commission regarding potential miscarriages of justice.

This Practice Note explains the process involved with taking evidence on commission in criminal proceedings in Scotland. Commissioners are appointed by the Scottish criminal courts to take evidence from vulnerable witnesses as a special measure. This Practice Note explains who qualifies as a vulnerable witness, when a commission is required, the procedural requirements of Practice Note No 1 of 2017, and the content of vulnerable witness notices or applications. It also explains the types of issues which are addressed at a Preliminary Hearing or First Diet and provides guidance as to the various steps that should be taken to obtain evidence on commission, including preparing the witness for a video-recorded interview.

This Practice Note provides an overview of the investigation and prosecution of criminal offences in Scotland. It covers who investigates and prosecutes crime in Scotland, explaining the roles of Police Scotland, Crown Office and Procurator Fiscal Service, the Lord Advocate, Crown Counsel and the Procurator Fiscal. It then looks at how a decision to prosecute is made, the criteria in the Prosecution Code and alternatives to prosecution. It also summarises what happens once a decision is taken to prosecute both in terms of summary proceedings and solemn proceedings.

This Flowchart demonstrates the stages of an appeal to the High Court of Justiciary from the decision of the Sheriff Appeal Court in Scottish criminal proceedings. Such an appeal can only be taken on a point of law. The procedure is governed by Part 10ZA of the Criminal Procedure (Scotland) Act 1995.

This Flowchart provides an overview of the stages involved where a bill of advocation is appropriate in summary criminal proceedings in Scotland. When used by the defence, it is normally directed at a procedural decision made in the course of the summary proceedings. The purpose of this procedure is to seek to remove the cause from an inferior court and have a superior court consider the issue raised.

This Flowchart provides an overview of the stages involved where a bill of suspension is appropriate in summary criminal proceedings in Scotland. It is a mechanism for challenging an illegal warrant or illegal conviction arising from a procedural irregularity in the summary proceedings.

This Flowchart demonstrates the stages involved where a petition is made to the nobile officium of the High Court of Justiciary in Scotland in relation to Scottish criminal proceedings. Such a petition is only appropriate where something extraordinary or unforeseen has occurred and no other remedy is available.

This Flowchart provides an overview of the steps involved in pre-trial appeals, which involve a preliminary objection being taken to the competency or relevancy of a summary criminal complaint or the proceedings. Such pre-trial appeals are taken in terms of section 144 of the Criminal Procedure (Scotland) Act 1995.

This Flowchart provides an overview of the stages involved in an appeal against the sentence imposed in summary criminal proceedings in Scotland. Such appeals are governed by Part X of the Criminal Procedure (Scotland) Act 1995.

This Flowchart demonstrates the stages of a stated case appeal in summary criminal proceedings in Scotland. These are appeals against conviction but can also incorporate appeals against sentence. Such appeals are governed by Part X of the Criminal Procedure (Scotland) Act 1995.