Scotland

Law and criminal justice

Scots law has a basis derived from Roman law, combining features of both uncodified civil law, dating back to the Corpus Juris Civilis, and common law with medieval sources. The terms of the Treaty of Union with England in 1707 guaranteed the continued existence of a separate legal system in Scotland from that of England and Wales. Prior to 1611, there were several regional law systems in Scotland, most notably Udal law in Orkney and Shetland, based on old Norse law. Various other systems derived from common Celtic or Brehon laws survived in the Highlands until the 1800s.

Scots law provides for three types of courts responsible for the administration of justice: civil, criminal and heraldic. The supreme civil court is the Court of Session, although civil appeals can be taken to the Supreme Court of the United Kingdom (or before 1 October 2009, the House of Lords). The High Court of Justiciary is the supreme criminal court in Scotland. The Court of Session is housed at Parliament House, in Edinburgh, which was the home of the pre-Union Parliament of Scotland with the High Court of Justiciary and the Supreme Court of Appeal currently located at the Lawnmarket. The sheriff court is the main criminal and civil court, hearing most cases. There are 49 sheriff courts throughout the country. District courts were introduced in 1975 for minor offences and small claims. These were gradually replaced by Justice of the Peace Courts from 2008 to 2010. The Court of the Lord Lyon regulates heraldry.

For many decades the Scots legal system was unique for being the only legal system without a parliament. This ended with the advent of the Scottish Parliament, which legislates for Scotland. Many features within the system have been preserved. Within criminal law, the Scots legal system is unique in having three possible verdicts: "guilty", "not guilty" and "not proven". Both "not guilty" and "not proven" result in an acquittal, typically with no possibility of retrial in accordance with the rule of double jeopardy. There is however the possibility of a retrial where new evidence emerges at a later date that might have proven conclusive in the earlier trial at first instance, where the person acquitted subsequently admits the offence or where it can be proved that the acquittal was tainted by an attempt to pervert the course of justice - see the provisions of the Double Jeopardy (Scotland) Act 2011. Many laws differ between Scotland and the other parts of the United Kingdom, and many terms differ for certain legal concepts. Manslaughter, in England and Wales, is broadly similar toculpable homicide in Scotland, and arson is called wilful fire raising. Indeed, some acts considered crimes in England and Wales, such as forgery, are not so in Scotland. Procedure also differs. Scots juries, sitting in criminal cases, consist of fifteen, rather than twelve jurors, as is more common in English-speaking countries.

The Scottish Prison Service (SPS) manages the prisons in Scotland, which collectively house over 8,500 prisoners. The Cabinet Secretary for Justice is responsible for the Scottish Prison Service within the Scottish Government.