The High Court of Justiciary is the supreme criminal court in Scotland. As the highest criminal jurisdiction in the country, it holds a pivotal role in the Scottish legal system. The High Court of Justiciary primarily deals with the most serious criminal cases, such as murder, treason, rape, and serious fraud.
Composed of senior judges, the Court operates under a system of "solemn procedure" which entails a trial by jury. A panel of 15 judges, known as Lords Commissioners of Justiciary, typically presides over cases in the High Court of Justiciary. However, in some instances, a single judge may handle certain less serious cases.
In addition to its role as the appellate court for criminal cases, the High Court of Justiciary also has powers of original jurisdiction. This means that it can hear cases directly, bypassing lower courts. Appeals from lower courts are brought before the High Court of Justiciary, which reviews and potentially amends prior convictions or sentences.
The High Court of Justiciary holds great authority in criminal matters and its decisions are considered binding. Its rulings have far-reaching consequences for both individuals and society at large, as they establish legal precedents that shape the Scottish criminal justice system. The court's role is crucial in ensuring fair trials, protecting human rights, and maintaining public confidence in the administration of justice.
