Solemn procedure in Scottish criminal proceedings
Produced in partnership with Craig Findlater of The Faculty of Advocates and Stephen O’Rourke QC of Terra Firma Chambers, Edinburgh and Field Court Chambers, London

The following Corporate Crime practice note produced in partnership with Craig Findlater of The Faculty of Advocates and Stephen O’Rourke QC of Terra Firma Chambers, Edinburgh and Field Court Chambers, London 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
  • Appearance on petition
  • Bail
  • Committal
  • Time limits in solemn procedure
  • More...

Solemn procedure in Scottish criminal proceedings

Coronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic. Practitioners should monitor the Coronavirus information and updates section of the Scottish Courts and Tribunals Service website and check for announcements relevant to the specific courts in which their matters are proceeding. Further information can also be found on our Coronavirus (COVID-19)—Scotland tracker, which contains an archive of news analysis on the impact of COVID-19 on the Scottish legal profession, divided into practice areas.

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 guidance on appeal procedures in Scotland for solemn crime, see Practice Note: Scottish criminal appeals—solemn procedure.

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

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