All the debate in the press on the “right” to a jury trial in England (and Wales?) has been interesting from a Scottish perspective.
In Scotland, the vast majority of criminal cases are tried in the local Sheriff Court and an accused has no right to a jury trial in the Sheriff Court.
Rather, it is the prosecutor and not the accused who decides whether there will be trial before a jury.
To explain….
In Scotland, the there are three levels of first instance criminal courts:
The Justice of the Peace Courts (minor matters with very limited sentencing powers).
The Sheriff Court – the work horse of the system where most crimes beyond the most serious are tried and which has higher limits on its sentencing power than the JP court.
The High Court of Justiciary – more serious cases including all cases of rape and murder are tried and which has unlimited sentencing powers.
There are no juries in the JP Courts and there are always juries in the High Court. In Scotland, a jury is made up of 15 people and not 12 as in England.
In the Sheriff Court, there is a jury if the matter is tried under solemn procedure and not a jury if the matter is tried under summary procedure.
The sentencing powers of the court if an accused is found guilty are alway greater under solemn procedure than summary procedure.