Scottish Courts Overview for Journalists

Last reviewed: 13 June 2026Next review due: 13 December 2026

Scotland only: This guide covers the Scottish court system. For England and Wales, see our Magistrates Court and Crown Court guides. For Northern Ireland, see NI Courts Overview. For the differences in media law, see Scotland media law differences.

The Scottish court structure

High Court of Justiciary

Scotland's supreme criminal court. Sits in Edinburgh and on circuit. Hears the most serious crimes — murder, rape, serious assault, major drug offences. No jury acquittal can be appealed by the prosecution. Sentences can include life imprisonment. Also sits as the Court of Criminal Appeal.

Sheriff Court (Solemn)

Sheriff Court sitting with a jury of 15. Handles serious indictable offences where the maximum sentence does not require the High Court. The Sheriff can impose up to 5 years' imprisonment (since the Criminal Procedure (Scotland) Act 1995 reforms).

Sheriff Court (Summary)

Sheriff Court sitting without a jury. Handles less serious criminal offences and a wide range of civil matters. The busiest court in Scotland. The Sheriff can impose up to 12 months' imprisonment in summary proceedings.

Justice of the Peace Court

The Scottish equivalent of the magistrates court. Lay justices advised by a legally qualified clerk. Deals with minor summary offences. Less common than in England — the Sheriff Court handles much of what would go to magistrates south of the border.

Court of Session

Scotland's supreme civil court. Sits in Parliament House, Edinburgh. Outer House (first instance); Inner House (appeals). Handles significant civil claims, judicial review, and family matters. Equivalent in function to the High Court (England and Wales).

Sheriff Appeal Court

Hears criminal appeals from the Sheriff Court and Justice of the Peace Court. Equivalent in function to the English Crown Court appeals and, in some respects, the Court of Appeal.

Prosecution in Scotland: the Procurator Fiscal and Crown Office

All criminal prosecutions in Scotland are conducted in the name of the Lord Advocate (head of the Crown Office and Procurator Fiscal Service, COPFS). There is no private prosecution. The Procurator Fiscal (PF) handles local prosecutorial decisions; the Crown Office in Edinburgh oversees policy and serious/complex cases.

For journalists, the key difference from England is that police in Scotland report cases to the PF — they do not charge suspects themselves. This means the PF (not police) is the source for any official confirmation of prosecution decisions. COPFS publishes press releases on significant cases at copfs.gov.uk.

When reporting that someone has been “charged” in Scotland, be precise: the PF makes the charging decision; if you describe police as having “charged” a suspect in a Scottish context you may mislead readers about how the system works.

Scottish contempt of court practice

The Contempt of Court Act 1981 applies in Scotland for the strict liability rule. However, Scottish courts have historically taken a more interventionist approach to contempt in relation to pre-trial publicity — and have applied the common law tradition of contempt more actively than English courts.

The Lord Advocate's published practice on contempt sets out the Crown's position on media coverage of active proceedings. Journalists covering high-profile Scottish criminal trials should be aware that the Scottish courts have a stronger tradition of intervening where they believe jury integrity is at risk. Seek legal advice from a Scottish media lawyer for significant cases.

See our wider guide to Scotland media law differences for the full picture, and contempt by court type for the UK-wide framework.

The not proven verdict

Scotland retains a third jury verdict — not proven. It has the same legal effect as not guilty: the accused is acquitted and cannot be retried. When reporting Scottish verdicts, always specify which was returned. Describing a not proven verdict as “acquitted” is accurate in legal effect but may mislead readers who are unfamiliar with the distinction.

The not proven verdict has been controversial and was the subject of significant debate in Scotland. The Scottish Parliament passed the Criminal Justice (Scotland) Act 2024 which abolished the not proven verdict — implementation is subject to commencement provisions. Check current law before reporting on this issue.

Key sources for Scottish court journalists

Scotcourts (scotcourts.gov.uk) — Scottish Court Service, court listings, and published judgments.
Crown Office and Procurator Fiscal Service (copfs.gov.uk) — press releases, prosecution decisions, and COPFS policy.
BAILII Scotland (bailii.org/scot) — Court of Session and High Court of Justiciary judgments.
Scottish Legal News (scottishlegal.com) — specialist news service covering Scottish legal developments.
The Herald and The Scotsman — Scottish newspapers with established court reporting traditions.

Common mistakes when reporting Scottish courts

Applying English legal concepts without checking whether they have a Scottish equivalent — e.g., describing a "committal to Crown Court" (not a Scottish procedure).
Describing police as having "charged" a suspect when in Scotland it is the PF who makes the charging decision.
Failing to report accurately which of the three verdicts was returned.
Assuming that a Sheriff Court case is equivalent to the magistrates court — the Sheriff Court handles much more serious matters.
Ignoring Scottish contempt practice differences when covering high-profile Scottish trials.

Practical checklist for Scottish court reporters

I have confirmed the correct court — Sheriff Court, High Court of Justiciary, or Court of Session — and its level in the hierarchy.
I have identified the Procurator Fiscal as the prosecuting authority, not the police.
I have noted which of the three possible verdicts was returned — guilty, not guilty, or not proven.
I have checked whether Scottish contempt rules require additional caution in the specific case.
I have verified any youth or sexual offences anonymity provisions, which apply in Scotland as they do in England and Wales.
For Children's Hearings, I have confirmed that severely restricted reporting rules apply and have not confused a Hearing with a Youth Court.
For COPFS press releases, I have checked copfs.gov.uk rather than relying on police statements alone.

Related guides

Scotland Media Law Differences

How Scots law differs from English law across defamation, contempt, and privacy.

NI Courts Overview

Northern Ireland's separate court structure and its distinct legal history.

Contempt by Court Type

How contempt risk varies across UK jurisdictions.

Court & Justice Beat

Resources for journalists covering courts across all UK jurisdictions.

Frequently asked questions

How does Scots law differ from English law for court reporters?

Scotland has a distinct legal system. Key differences for journalists: the Procurator Fiscal (not police) decides whether to prosecute; there are three possible verdicts at trial — guilty, not guilty, and not proven; juries in solemn proceedings have 15 members and decide by simple majority; and Scotland's contempt of court law, while drawing on the same Contempt of Court Act 1981 for strict liability, has a distinct common law contempt tradition that operates differently in practice. Always research Scottish law separately from English law before reporting Scottish proceedings.

What is the Procurator Fiscal?

The Procurator Fiscal (PF) is a public prosecutor employed by the Crown Office and Procurator Fiscal Service (COPFS). Unlike in England and Wales where police charge suspects, in Scotland it is the PF who decides whether to prosecute, what charge to bring, and in which court. This means that in Scottish crime reporting, the PF (not the police) is the primary official source for prosecution decisions. The Crown Office publishes press releases at copfs.gov.uk.

What is the not proven verdict?

Scotland is one of the few jurisdictions with three possible jury verdicts: guilty, not guilty, and not proven. A not proven verdict means the jury found the prosecution had not proved its case but was not prepared to acquit outright. It has the same legal effect as not guilty — the accused cannot be retried for the same offence (double jeopardy). When reporting Scottish acquittals, always state accurately which verdict was returned. The not proven verdict was the subject of significant controversy and was reviewed by the Scottish Parliament.

Do the same anonymity rules apply in Scottish courts?

The Sexual Offences (Amendment) Act 1992 applies in Scotland, giving complainants in sexual offence cases the same lifetime anonymity as in England and Wales. Section 49 CYPA 1933 also extends to Scotland. However, Scotland has its own Children's Hearings System (not a court) for young offenders — reporting from hearings is severely restricted. The Children's Hearings (Scotland) Act 2011 governs reporting from hearings. Do not confuse Children's Hearings with youth courts.

Where can I find Scottish court judgments?

BAILII (bailii.org/scot) covers Court of Session and High Court of Justiciary judgments. The Scotcourts website (scotcourts.gov.uk) publishes some decisions. Scottish Government legislation is at legislation.gov.uk (filtering for Acts of the Scottish Parliament). For COPFS press releases on prosecutorial decisions, see copfs.gov.uk/news.

Primary sources

Scottish Courts and Tribunals Service— scotcourts.gov.uk
Crown Office and Procurator Fiscal Service— COPFS
BAILII — Scottish Court Decisions— BAILII

Not legal advice. This guide is for educational purposes. Consult a qualified Scottish media lawyer before making publication decisions in relation to Scottish proceedings.