Coronavirus Recovery and Reform (Scotland) Act 2022 - criminal justice measures: consultation

A person charged with committing a crime.

The crime that the accused is believed to have committed.

A system of laws based on customs and court decisions rather than on written laws made by parliament. Offences which are created through written laws are known as 'statutory offences'.

On 28 June 2022 the Parliament passed this Act to help Scotland recover from the pandemic and ensure greater resilience against future public health threats.

The main Act relating to criminal procedure in Scotland.

Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2)

Another name for the Crown Office and Procurator Fiscal Service.

The organisation responsible for the prosecution of crime and investigation of deaths in Scotland.

The lawyer who represents the accused.

A court hearing

What a witness says when they are asked questions in court.

(Evidence can also be physical items that are used in the case, including documents, clothing, and photographs, but references to evidence in this consultation relate to what is said in court).

The Coronavirus (Extension and Expiry) (Scotland) Act 2021^[3], introduced to the Scottish Parliament on 18 June 2021^[4], passed on 24 June 2021 and which received Royal Assent on 4 August 2021;

A hearing in a Sheriff Court case when the Crown and defence lawyers tell the court if they are ready for the case to go to trial.

The Coronavirus (Scotland) Act 2020^[5], introduced to the Scottish Parliament on 31 March 2020, passed on 1 April 2020 and which received Royal Assent on 6 April 2020;

The supreme criminal court of Scotland, where the most serious criminal cases are heard.

A document listing the charges that the accused will face at trial.

This is a hearing in summary (less serious) criminal proceedings which allows the court to check whether a case is likely to go to trial on the date that has been set for it. It is intended to minimise any inconvenience to witnesses and others involved in the case if the trial does not go ahead as planned.

The legal expert who is in charge of court proceedings.

The collective name for the judges and panel members who sit in the courts of Scotland and make decisions about criminal and civil cases.

The judge who is charge of court proceedings for less serious crimes. They are not legally qualified but sit with a legal advisor.

The power a court has to hear cases and decide what will happen in the case.

The senior Scottish Law Officer who is the head the Crown Office and Procurator Fiscal Service. The Lord Advocate is also a Minister in the Scottish Government.

The most senior judge in Scotland, who holds this title and also the title of Lord Justice General. The title of Lord Justice General relates to criminal business and the title of Lord President relates to civil business.

The laws passed by the Scottish Parliament and the UK Parliament.

A person who has been convicted of committing a crime.

When the person is placed at the centre of the service, their needs are understood and they can participate effectively in proceedings.

This is a hearing in summary (less serious) criminal proceedings which aims to ensure that: (i) meaningful communication takes place between defence agents and the crown to resolve cases early; (ii) only those cases which cannot be resolved, and are ready to go to trial, proceed to the assigned trial diet and (iii) parties are present at an intermediate diet only when necessary

A document issued by a member of the judiciary which sets out a practice that a court is going to take or inform practitioners such as lawyers about a practice that the court expects them to take.

A hearing in a High Court case when the Crown and defence lawyers tell the court if they are ready for the case to go to trial.

A lawyer who works for the Crown Office and Procurator Fiscal Service.

An article produced and lodged as evidence in court.

A lawyer who presents the case against the accused.

the Coronavirus (Scotland) (No.2) Act 2020^[6], introduced to the Scottish Parliament on 11 May 2020, passed on 20 May 2020 and which received Royal Assent on 26 May 2020;

An independent body that provides administrative support to the Scottish courts, judges and tribunals.

The judge who is charge of court proceedings in the Sheriff Court.

The head of each of Scotland's six sheriffdoms (areas) who are responsible for managing the business in the sheriff courts in their own area.

Court proceedings for more serious offences. In Scotland, solemn cases are heard by a judge and jury.

Another name for a lawyer.

Court proceedings for less serious offences. In Scotland, summary proceedings are heard by sheriff or justice of the peace sitting without a jury.

Offences which are created through written laws.

The proceedings that take place in court if an accused pleads not guilty. The court hears evidence about the alleged crime and at the end of the trial a judge or jury will decide if the prosecutor has proven the guilt of the accused or not.

A person who has been directly affected by a crime.