Solemn procedure in Scottish criminal proceedings
Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers
Solemn procedure in Scottish criminal proceedings

The following Corporate Crime practice note produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers provides comprehensive and up to date legal information covering:

  • Solemn procedure in Scottish criminal proceedings
  • Procedure prior to the first appearance in court
  • The Petition
  • Individuals
  • Bodies corporate
  • Custody statement or summary of evidence
  • Bail
  • Committal
  • Time limits in solemn procedure
  • Time bar extensions
  • More...

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information on the impact of the COVID-19 pandemic on Scottish criminal procedure, see: Coronavirus (COVID-19)—Scotland tracker and News Analysis: Scottish Criminal Procedure and the Coronavirus (Scotland) Act 2020. For updates on key developments and related practical guidance on the implications for UK lawyers, see: Coronavirus (COVID-19) and the criminal justice system—overview and Coronavirus (COVID-19) toolkit.

This Practice Note explains the solemn procedure in Scottish criminal proceedings. For an explanation of the criminal investigation and prosecution process in Scotland, see Practice Note: An introduction to Scottish criminal procedure.

For information on the procedure to be followed during trials under the solemn procedure, see Practice Note: Trials under the Scottish solemn procedure and Scottish solemn criminal procedure—flowchart.

For an explanation of the summary procedure in Scotland, see Practice Notes: Summary procedure in Scottish criminal proceedings and Scottish solemn criminal procedure—flowchart.

Solemn procedure is regulated by the Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995).

Procedure prior to the first appearance in court

Proceedings begin when the Procurator Fiscal receives a report from the police or a non-police reporting agency. See Practice Note: An introduction to Scottish criminal procedure.

In the case of an individual, either the accused has been arrested by the police and held in custody to appear in court or an allegation has been

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