Solemn procedure

The Solemn Procedure is used to try crimes that are too serious for the Summary Proceedure (criminal). It is used in both Sheriff Courts and the High court of the Justiciary.
These cases will typically be heard with a Jury, who will decide upon the facts if the accused is Guilty, Not Guilty, or if the charge is Not Proven.
==Proceedure==
#Regardless of the court, the first hearing will be in the Sheriff's chambers on petition. This is a private hearing and the outline of the charges is laid out.
#The Procurator Fiscal may question the accused, who does not have to answer or say anything, but the answers may be put to the Jury.
#The accused can be committed to trial, or committed for further examination. The further examination can last a maximum of 8 days, and then reappear committal. In committal for trial the accused is remanded (either in custody or on bail) until the trial date.
#The Indictment will be prepared, and the trial be created on this basis.
#10 days before the trial diet the first diet will occur to deal with preliminary applications and deal with questions about trial preparedness, and also deal with any change of plea. They also determine what evidence is and is not in dispute. This must be within 110 days of committal if in custody.
#The Trial then begins, this must be within 140 days of committal for sheriff cases, or 110 days for High Court cases.
Category:Court Proceedures