Solemn procedure meaning

In Scotland, the gravest criminal offences are prosecuted there under the solemn procedure...

Where a real burden dates from before 28 November 2004, then determine whether it is a feudal real burden and, if so, whether it remained effective after abolition of the feudal system in Scotland by section 73 of the Abolition of Feudal Tenure etc (Scotland) Act 2000 (AFT(S)A 2000)...

In Scotland, the Crown Office and Procurator Fiscal Service (COPFS) is under a duty to reveal all material in its possession to the defence. This obligation to disclose applies to prosecutions under both summary and solemn procedure. For an overview of criminal investigation and prosecution policy in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. For details on summary procedure in Scottish criminal proceedings, see Practice Note: Summary procedure in Scottish criminal proceedings and Scottish summary criminal procedure—flowchart. For information on solemn procedure in Scottish criminal proceedings, see Practice Note: Solemn procedure in Scottish criminal proceedings and Scottish solemn criminal procedure—flowchart. Background The Crown’s requirement to provide the defence with all material it holds arises from the accused’s right to a fair trial under Article 6 of the European Convention on Human Rights. The scope of the Crown’s disclosure duty was first defined in McLeod v HM Advocate. The Crown’s responsibilities were then refined by a series of rulings from the Judicial Committee...

This Practice Note outlines how appeal processes operate within Scottish summary criminal matters. For guidance on appeals in solemn cases in Scotland, consult Practice Note: Scottish criminal appeals—solemn procedure. For fuller direction on the Scottish summary process, see Practice Note: Summary procedure in Scottish criminal proceedings. More broadly, see Practice Note: The investigation and prosecution of criminal offences in Scotland. Update effective 1 December 2025: modernisation of criminal court procedure Several enduring lasting changes have been enacted by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025, displacing the earlier temporary procedural arrangements brought in during the COVID-19 pandemic. Practitioners should read every procedural reference in this Practice Note through the lens of these legislative revisions. Electronic signatures and document transmission Under CP(S)A 1995, ss 303C–303F, documents in criminal proceedings may bear electronic signatures and be sent electronically to an accused or their legal representative, subject to the requirements set out in those provisions. Virtual attendance at hearings The court may...

This Practice Note provides an overview of the investigation and prosecution of criminal offences in Scotland Related practice notes you may find useful include: The investigation and prosecution of financial crime in Scotland—outlines the principal law enforcement and prosecutorial bodies engaged in this sphere and considers how they work together and with equivalent organisations operating elsewhere in the UK Prosecution process for health and safety cases in Scotland—offers guidance on investigations into health and safety incidents in Scotland and the procedural steps for prosecuting such offences Comparison of criminal fraud in Scotland with England and Wales—provides guidance on the investigation and prosecution of criminal fraud The system for investigating and prosecuting crime in Scotland is presently governed by the common law and by statute. The Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995) sets out the rules directing how criminal cases progress through the Scottish courts. Under CP(S)A 1995, there are two distinct first‑instance routes for prosecuting crime: solemn procedure and summary...