Jurisdiction(s):
United Kingdom

Key definition

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...

Scottish solemn criminal trials: procedure and practice on juries, evidence, submissions and verdicts, with 2025–26 reforms on electronic signatures, virtual hearings and abolition of not proven

Published by a LexisNexis Corporate Crime expert

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 amendments.

Electronic signatures and document transmission

Sections 303C–303F of the Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995) permit electronic signatures and electronic service of documents in criminal cases, to the accused or their legal representative, provided the statutory conditions are satisfied in those provisions.

Virtual attendance at hearings

The court may suspend the need for physical attendance at evidential hearings where appropriate...

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Gavin Anderson , KC

Compass Chambers

Gavin Anderson specialises in white collar crime and regulatory cases. He appears regularly in the High Court of Justiciary, Sheriff Courts and disciplinary tribunals throughout Scotland. Ordinarily, he is instructed regularly to appear in white collar crime and regulatory cases, including health & safety, environmental, financial crime and road traffic offences, as well as Fatal Accident Inquiries. He also represents professional persons charged with serious crime, including teachers, solicitors, company directors and police officers.In November 2021 Mr Anderson was appointed to the role of Crown Counsel by the Lord Advocate, to prosecute serious and complex crime in the High Court of Justiciary and to conduct significant Fatal Accident Inquiry work....

Web page updated on 21/05/2026

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