Summary criminal procedure Definition

GLOSSARY

What does Summary criminal procedure mean?

The name given to criminal procedure used for lesser crimes.

Scottish criminal prosecutions follow either summary or solemn procedure. Statute, or where not directed by statute, the prosecutor, determines the procedure used. All prosecutions in the Justice of the Peace Court follow summary procedure. The Sheriff Court uses both summary and solemn procedures. When following summary procedure, the Procurator Fiscal sets out the charge in a document called a complaint. Summary procedure trials are heard before a judge sitting without a jury.

View the related flowcharts about Summary criminal procedure

Simplified stated case appeals in Scottish summary criminal procedure—flowchart

Simplified stated case appeals in Scottish summary criminal procedure—flowchart In Scotland, less serious offences are prosecuted on a summary complaint. Summary procedure is regulated by Part IX of the Criminal Procedure (Scotland) Act 1995. For an explanation of summary procedure in Scotland, see Practice Note: Summary procedure in Scottish criminal proceedings. For information about criminal procedure in Scotland, see Practice Note: The

Simplified appeals to the High Court of Justiciary in Scottish summary criminal procedure—flowchart

Simplified appeals to the High Court of Justiciary in Scottish summary criminal procedure—flowchart For information about criminal procedure in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. This Flowchart demonstrates the stages of an appeal to the High

Summary procedure in Scottish criminal proceedings

Summary procedure in Scottish criminal proceedings Coronavirus (COVID-19): temporary measures currently apply in relation to Scotland’s justice system and the guidance detailing normal practice set out in this Practice Note may be affected by these measures. For further information, see Coronavirus (COVID-19)—Scotland tracker — Corporate Crime in Scotland. This Practice Note explains summary procedure in Scottish Criminal proceedings and should be read in conjunction with the Scottish summary criminal procedure—flowchart. For an explanation of the criminal investigation and prosecution process in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. For guidance on the appeal procedures in Scotland for summary crime, see Practice Note: Scottish criminal appeals—summary procedure Less serious offences in Scotland are prosecuted on a summary complaint. Summary procedure is regulated by Part IX of the Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995) (sections 133–194). For information on solemn procedure in Scotland, see Practice Notes: Solemn procedure in Scottish criminal proceedings and Trials under the Scottish solemn procedure as well...

Powers to search premises and property in Scottish criminal investigations

Powers to search premises and property in Scottish criminal investigations This Practice Note explains the powers to search premises and property during a criminal investigation in Scotland. It also covers the scope for challenging search warrants in Scottish criminal investigations. For information on obtaining search warrants issued by the criminal courts in England and Wales, see Practice Notes: Obtaining and executing a search warrant under PACE 1984, Obtaining excluded material and special procedure material under PACE 1984, Search of premises and Seizure and retention of property. The main powers of search of premises and property in Scotland can be split up into the following categories: • under the terms of an arrest warrant • by consent • where urgency dictates, and • under the authority of a search warrant Search under the terms of an arrest warrant Where the Crown decides to bring proceedings on either summary complaint or petition, the terms of the complaint or petition itself will grant warrant to search for and apprehend (arrest)...

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