- If criminal proceedings take place:
- the family have no right of representation but these proceedings are held in public and the family can attend. The proceedings can either be:
- solemn procedure (i.e., the case is ultimately heard by a jury, and tends to be a lengthier process).
- summary proceedings (i.e., the case is heard by a Sheriff sitting alone, and tends to be heard more quickly).
- In each of the two procedures, there is normally a first hearing to find out if there is to be a plea of guilty or not.
- In many cases, an agreement is reached between the prosecution and defence as to what:
- the pleas of the accused are to be.
- the Crown will say when the case calls is reached.
- A solicitor or Advocate for the company or accused person will then present a plea in mitigation setting out that party's explanation.
- If a trial proceeds:
- evidence is first heard from the Procurator Fiscal or an agent from the Crown, and the Defence presents their case (including the cross examination of witnesses).
- some trials can take several days.
- The Scots legal system is unique in having 3 possible verdicts for a criminal trial:
- "not guilty" - results in an acquittal with no possibility of retrial.
- "not proven" - results in an acquittal with no possibility of retrial.
- "guilty" - the penalty to be imposed is at the discretion of the Court. Factors which are taken into account include:
- the seriousness of the charge.
- the company's financial and other standing.
- any previous convictions.
- shared responsibility of the deceased to his/her own demise.
- Information about what to expect on attending Court is available from the Scottish Courts website http://www.scotcourts.gov.uk/courtusers/index.asp
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