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Solemn procedure definition

What does Solemn procedure mean? Solemn procedure describes, in Scottish criminal practice, the mode used for serious crimes tried on indictment before a jury, either in the High Court of Justiciary or the sheriff court (sheriff and jury). It is a statutory term in the Criminal Procedure (Scotland) Act 1995, where “solemn proceedings” means proceedings on indictment. Typical features include: commencement by petition at the sheriff court (allowing committal for further examination and bail decisions), service of an indictment by the Crown Office and Procurator Fiscal Service, a case-management hearing (first diet in sheriff and jury cases; preliminary hearing in the High Court), and trial before...

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Scottish solemn criminal appeals: routes and procedure including s 74 pre‑trial challenges, conviction and sentence appeals, compatibility issues, bills of advocation/suspension, nobile officium, SCCRC, and 2025 reforms

Practice notes
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This Practice Note outlines how appeals operate in Scotland for solemn criminal matters. For guidance on appeal processes in Scotland for summary crime, consult Practice Note: Scottish criminal appeals: summary procedure. For Scottish solemn criminal procedure, see Practice Note: Solemn procedure in Scottish criminal proceedings. More generally, refer to Practice Note: The investigation and prosecution of criminal offences in Scotland.

Update effective 1 December 2025: modernisation of criminal court procedure

A number of enduring reforms were enacted by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025. These changes supersede earlier temporary measures introduced during the COVID‑19 pandemic. Practitioners should read every procedural reference in this Practice Note having regard to these statutory amendments.

Electronic signatures and document transmission

Pursuant to CP(S)A 1995, ss 303C–303F, documents within criminal proceedings may bear electronic signatures and be sent electronically to an accused or their legal representative, subject to the conditions set out in those provisions.

Virtual attendance at hearings

The court may dispense with physical presence at evidential hearings and require participation by electronic means, provided this would not undermine the fairness of the proceedings or conflict with the interests of justice (CP(S)A 1995, s...

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Wendy Culross
Wendy Culross

Since calling to the Scottish bar in 2013 Wendy has been involved in a number of large and complex trials. She has a particular interest in Health and Safety cases following an involvement in a number of such cases while a procurator fiscal depute and deals with breaches following HSE investigations, as well as technical breaches of regulations, and cases arising from Local Authority and police investigations.Wendy represents clients at all levels of criminal case, including enjoying a busy appellate practice. She deals with criminal trials and appeals; as well as frequently representing clients in debates on preliminary issues and pleas in bar of trial. Wendy’s technical knowledge is renowned, and she is often approached for her expertise in complex and unusual issues, given her ability to analyse cases forensically and engage with innovative solutions.Wendy has been at the forefront of the...

Web page updated on 21/05/2026

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