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Welcome arrow Legal arrow Scots law arrow high court of justiciary

high court of justiciary PDF Print
  • Established in 1672, the High Court of Justiciary is Scotland's supreme criminal court.

  • It has jurisdiction over all crimes in Scotland unless restricted by statute. In practice, however, the High Court generally deals with serious crimes (e.g., murder and rape) in which it has exclusive jurisdiction.

  • It is both a Court of First Instance and also the final Court of Appeal for criminal cases. 

  • As a Court of First Instance, the High Court sits mainly in Parliament House in Edinburgh, but it moves from place to place (peripatetic), sitting in cities and larger towns as required.

  • The High Court comprises the:
    • Lord Justice General.
    • Lord Justice Clerk.
    • Lords Commissioners of Justiciary (30 Judges)

  • All criminal prosecutions are brought in the name of the Lord Advocate and prosecuted by his appointed Advocate Deputes. Private prosecutions are possible but rare.
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