Compass Chambers
2 Experts
2 Contributions by Compass Chambers Experts
PRACTICE NOTES
This Practice Note sets out an explanation of the powers of the Scottish criminal courts to impose sentence following conviction. For an introduction to the structure and operation of the Scottish criminal justice process, see Practice Note: The investigation and prosecution of criminal offences in Scotland. For guidance on the approach the Scottish courts adopt to sentencing corporate criminal/regulatory offences, see Practice Note: Sentencing corporate criminal offences in Scotland.
High Court
The most serious corporate cases are prosecuted in the High Court of Justiciary (High Court). Under solemn procedure, a judge and jury try the case, as noted above. See Practice Notes: Solemn procedure in Scottish criminal proceedings and Trials under the Scottish solemn procedure. As a trial court, its jurisdiction extends across the whole of Scotland (and, on occasion, beyond) in respect of all crimes unless excluded by statute. It holds exclusive
Corporate Crime
PRACTICE NOTES
This Practice Note outlines the solemn trial process in Scotland and ought to be carefully considered alongside the Scottish solemn criminal procedure—flowchart. For further information on pre-trial preparation within the solemn route, consult Practice Note: Solemn procedure in Scottish criminal proceedings. For assistance on appeal routes in solemn cases in Scotland, refer to Practice Note: Scottish criminal appeals—solemn procedure. For a primer on how criminal offences are investigated and prosecuted in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland.
Update effective 1 December 2025: modernisation of criminal court procedure
The Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025 brings in a suite of permanent reforms, superseding the temporary measures created during the COVID-19 pandemic. Practitioners must read all procedural references in this Practice Note in the context of those statutory
Corporate Crime
If you expected to see yourself on this page, click here.
