Juries in criminal cases in Scotland uniquely consist of how many members?
"Trial by jury in Scotland Trial by jury in Scotland is used in the courts of Scotland in solemn procedure for trial on indictment before a judge and jury of fifteen for serious criminal cases, and in certain civil cases (mainly personal injury claims.) In criminal trials conviction is on the basis of a majority verdict, with eight jurors required to decide that the accused is guilty; should fewer than eight jurors declare a guilty verdict then the accused is acquitted. Thus, a hung jury is an impossibility in Scottish criminal law, but in civil trials a hung jury is"
"""not guilty"", more so than if the case is found ""not proven"". In Scotland, a criminal case may be decided either """"in solemn procedure"""" by a jury (instructed by the judge), or """"in summary procedure"""" by the judge alone (with no jury appointed). There are various rules for when the one or the other procedure may or must be employed; in general, juries are employed for the more severe accusations, while petty crimes and offences are treated summarily. A criminal case jury consists of 15 jurors, who make their decision by a simple majority vote: eight votes are necessary and"
"in Scotland, with permanent seats in Edinburgh, Glasgow and Aberdeen. There are sittings when required in Dumbarton, Lanark, Livingston, Paisley and Stirling. Trials in the High Court are usually jury trials, with a single Lord Commissioner of Justiciary presiding (although two or more judges may sit in important or difficult cases) with a jury of fifteen individuals; in Scotland this is known as solemn proceedings. Under the Scottish legal system, the jury can convict on a majority verdict of at least eight jurors, and need not return a unanimous verdict. The Scottish legal system also permits a verdict of 'not"
"or, for more serious matters or appeals, a circuit judge. Summary criminal trials may be heard by a single district judge (Magistrates' Court) or by a panel of at least two, but more usually three, magistrates. Section 47 Criminal Justice Act 2003 does allow a bench trial for indictable offences, but is rarely used, having been exercised only two times since its inception. Most civil trials in Scotland are conducted in the Sheriff Court by a Sheriff sitting alone. In the Court of Session, a judge in either the outer or inner house usually sits alone however may sit with"
"possible. Some people were executed on majority verdicts in Scotland, such as Susan Newell, who had one juror dissenting. Criminal procedure in Scotland is generally regulated by the Criminal Procedure (Scotland) Act 1995 (as amended) and various Acts of Adjournal passed by the High Court of Justiciary. Under Scots law a jury in a criminal trial must have at least fifteen jurors for a case to continue, and at least eight jurors must declare guilt into order to convict. The jury has a choice of three verdicts: guilty (a conviction), not guilty (acquittal) and not proven (also acquittal). The pool"
"a jury in certain trials such as personal injury claims. See: Trial by jury in Scotland Summary criminal trials are conducted by a Sheriff in the Sheriff Court or a Justice of the Peace in the Justice of the Peace Court sitting alone as regulated by the Criminal Procedure (Scotland) Act 1995. Those trials requiring juries are called solemn procedure and are also regulated under the aforementioned Act. One of the recommendations of the Commission of Inquiry 2008–2009 in Turks and Caicos was that provisions be made for criminal trials without juries, following the precedent in England and Wales. Other"
"six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland. Sheriff courts hear civil cases as a bench trial without a jury, and make determinations and judgments alone. However, the specialist all-Scotland Sheriff Personal Injury Court (based in Edinburgh) has the ability to hear cases at proof with a jury of twelve. Sheriff courts hear criminal trials on complaint as a bench trial for summary offences, and as a trial with a jury of fifteen for indictable offences. Where a person is convicted following"
"President of the Court of Session before making his or her recommendation to the monarch in relation to full-time judiciary. Appointments to the offices of temporary sheriff principal, part-time sheriffs and part-time summary sheriffs are made by the Scottish Ministers. The board has 12 members, with 4 judicial members appointed by the Lord President, and 2 legal members and 6 lay members appointed by the Scottish Ministers. Judicial members include 2 appointed from the Court of Session (but may not be either the Lord President or Lord Justice Clerk), a sheriff principal, and a sheriff. The legal members include an"
"committees for each sheriffdom, acting on the basis of standards set by the Judicial Appointments Board for Scotland. There is no precedence between justices; all are equal. However, a minority of JP courts operate with a bench of three justices, as opposed to a sole justice, in which circumstances a chair is appointed by those sitting on that day. They are collectively represented by the Scottish Justices Association. Justice of the peace court A justice of the peace court is the least authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less"
"was not well received by the legal profession or judiciary in Scotland. The Scottish Government's proposal was for the Council's guidelines to be binding on appeals court (the High Court of Justiciary at the time), and the appeal courts only able to request to the Council to revise its guidelines. The proposed structure of the Council only had 3 judicial members (1 High Court judge, 1 Sheriff, and 1 ""stipendiary magistrate"" or justice of the peace) with 5 other members. The other 5 members were proposed to be 1 prosecutor, 1 representative of Association of Chief Police Officers in Scotland,"
"(Scotland) Act 2010. Schedule 1 states that the Lord Justice Clerk is chair of the Council ""ex officio"" (by right of office), with 5 other judicial members of appointed by the Lord Justice General after consultation with the Scottish Ministers. The judicial members include a judge of the Outer House who sat in the High Court of Jusiciary, a sheriff (who was not sheriff principal), 2 summary sheriffs or justices of the peace, and a sheriff principal. The remaining members are appointed by the Scottish Minister, who must consult the Lord Justice General. The non-judicial members of the Council include"
"be appointed as Lords Commissioners of Justiciary, and as such becomes judges of the High Court of Justiciary. The High Court of Justiciary is the supreme criminal court of Scotland. Previously the Lord Justice General, the president of the High Court, had appointed deputes to preside in his absence. From 1672 to 1887, the High Court consisted of the Lord Justice General, Lord Justice Clerk, and five Lords of Session. The Court of Session is explicitly preserved ""in all time coming"" in Article XIX of the Treaty of Union between England and Scotland, subsequently passed into legislation by the Acts"
"Board of Management of 8 members appointed by Her Majesty The Queen on the recommendation of the First Minister of Scotland. As of 28 July 2018, its current members are: By statute, at least one third of the Commission's members are required to be legally qualified (either an advocate or solicitor of at least 10 years' standing) and at least two thirds must have knowledge or experience of the criminal justice system. The Board members and the Chief Executive are required to work together to ensure that the Commission runs efficiently and effectively. The Commission's role is to review and"
"thought to be the largest in the world. In 2009 a review by the Scottish Government regarding the possibility of reduction led to the decision to retain 15 jurors, with the Cabinet Secretary for Justice stating that after extensive consultation, he had decided that Scotland had got it ""uniquely right"". Trials in the Republic of Ireland which are scheduled to last over 2 months can, but do not have to, have 15 jurors. A study by the University of Glasgow suggested that a civil jury of 12 people was ineffective because a few jurors ended up dominating the discussion, and"
"three. Justices are lay magistrates who as advised by a legally qualified clerk, known as the legal adviser. The court handles a variety of minor common law crimes such as breach of the peace, theft and assault, as well as statutory offences such as vandalism, road traffic offences and other public order offences. The maximum penalty which can be imposed at this level is 60 days' imprisonment or a fine up to £2,500. Scotland has several courts with specialist jurisdictions. The specialist system of Children's Hearings handles the majority of cases involving allegations of criminal conduct involving persons under 16"
"the Lord Justice Clerk, and the other judges are called of the College of Justice are called Senators. When sitting in the Court of Session Senators are known as Lords of Council and Session and when sitting in the High Court of Justiciary they are known as Lords Commissioners of Justiciary. There are also some temporary judges who carry out the same work on a part-time basis. Scotland’s sheriffs deal with most civil and criminal cases. There are 6 sheriffdoms, each administered by a sheriff principal. Sheriffs principal and sheriffs are legally qualified, and previously serve as either advocates or"
"that one class of people don't sit in judgement over another and the public have confidence in an open and representative justice system. The trial started in 2010, with the four defendants convicted on the 31 March 2010 by Mr Justice Treacy at the Old Bailey. In Scots law the jury system has some similarities with England but some important differences, in particular there are juries of 15 in criminal trials, with verdicts by simple majority. In Northern Ireland, the role of the jury trial is roughly similar to England and Wales, except that jury trials have been replaced in"
"Minister of Scotland, the Lord Justice General, the Lord Justice Clerk, the Lord Advocate, the Chancellors and Rectors of Aberdeen, Edinburgh, Glasgow, and St Andrews, and one member of the Judicial Committee. The quorum is three, and in practice the Committee's work is undertaken by the First Minister, Lord Justice General and Lord Advocate through correspondence. In all the ancient universities other than Dundee, the court is chaired by the rector. Members are also appointed by the general council, ""senatus academicus"" and some ""ex officio"" members drawn from the local authority. There will be a number of lay-members on the"
"will sit during proceedings. Dependent on the style of the courtroom, the jury box will either be on the right or left hand side of the well of the court. Scotland is unique in the western world in that it has 15 jurors. Usually to the right or left of the bench (again dependent on style and always directly opposite the jury) slightly raised and facing forward is the stand where any witness who is called will give evidence. The stand is designed so that any solicitor examining a witness as well as the judge/sheriff may get a good view"
"solemn procedure, where the Sheriff sits with a jury of fifteen; or summary procedure, where the sheriff sits alone in a bench trial. From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months imprisonment and/or a fine, and in solemn cases 5 years imprisonment or an unlimited fine. A higher sentence in solemn cases may be imposed upon remittance of the case to the High Court of Justiciary. The Courts are staffed by civil servants who are employed by the Scottish Courts and Tribunals Service which is a non-ministerial government department whose corporate"
"the words of Scottish Government, ""less prescriptive"" than found in other jurisdictions. The Scottish Sentencing Council is an independent advisory non-departmental public body in Scotland, with that exists to ensure consistency in sentencing in the High Court of Justiciary, sheriff courts, and justice of the peace courts. It has been established to improve public confidence in sentencing in Scotland, and at the same time ensure judicial independence. It is chaired by the Lord Justice Clerk (the second most senior judge in Scotland), and its membership is composed of 5 members of the judiciary, 3 lawyers, and 3 lay members. It"
"a prosecutor (Advocate Depute or procurator fiscal) from the Crown Office, an advocate, a solicitor, a constable, a victims' rights representative, and one further lay member. Appointment of the judicial and legally qualified members is regulated by ""The Scottish Sentencing Council (Procedure for Appointment of Members) Regulations 2015"", which require the Lord Justice General to convene a panel to hear applications for positions open to sheriffs, summary sheriffs, justices of the peace, advocate, and solicitor. The panel is recommend persons for appointment. At the same time, the Lord Justice General must consult the Dean of the Faculty of Advocates and"
"of Adjournal have the capacity to amend primary legislation where it deals with civil or criminal procedure respectively. The majority of criminal and civil justice in Scotland is handled by the local sheriff courts, which are arranged into six sheriffdoms led by a sheriff principal. The sheriff courts have exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and are able to try criminal cases both on complaint for summary offences, and with a jury for indictable offences. Treason, murder, and rape are in the exclusive jurisdiction of the High Court of Justiciary, and whilst the"
"Judiciary of Scotland The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access. The Lord President of the Court of Session"
"The Courts Reform (Scotland) Act 2014, passed by the Scottish Parliament, abolished the post with the creation of the new post of summary sheriff. Judiciary of Scotland The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to"
"to the UK Supreme Court as a constitutional ""devolution issue"". The Supreme Court consists of two Supreme Court judges from Scotland and 10 judges from other parts of the United Kingdom. When hearing appeals the Supreme Court sits with a bench of at least five judges, so even if both Scottish judges are present for a Scottish appeal, the majority of the bench will be judges who may not be especially well versed in Scots law and criminal procedure. According to Lord Hope of Craighead, the Deputy President of the Supreme Court, non-Scottish judges will in practice defer to their"
"the Court of Session and the Lord Justice Clerk holding the same rank and title—""Senator of the College of Justice"" and also ""Lord"" or ""Lady of Council and Session"". The Lord Lord President is chief justice of the Court, and also head of the judiciary of Scotland; the Lord Justice Clerk is his deputy. There are 35 Senators, in addition to a number of temporary judges; these temporary judges are typically serving sheriffs and sheriffs principal, or advocates in private practice. The Senators sit also in the High Court of Justiciary, where the Lord President is called the Lord Justice"
"summary court. The sheriff courts provide a local court service with 49 sheriff courts organised across six sheriffdoms. The Scots legal system is unique in having three possible verdicts for a criminal trial: ""guilty"", ""not guilty"" and """"not proven"""". Both ""not guilty"" and ""not proven"" result in an acquittal with no possibility of retrial. The Cabinet Secretary for Justice is the member of the Scottish Government responsible for Police Scotland, the courts and criminal justice, and the Scottish Prison Service, which manages the prisons in Scotland. Welsh law is the primary and secondary legislation generated by the National Assembly for"
"Scottish Courts and Tribunals Service The Scottish Courts and Tribunals Service (SCTS) is an independent public body which is responsible for the administration of the courts and tribunals of Scotland. The Service is led by a board which is chaired by the Lord President of the Court of Session, and employs over 1000 staff members in the country's 39 sheriff courts, 34 justice of the peace courts, the Court of Session and the High Court of Justiciary, and at the service's headquarters in Edinburgh. The day-to-day administration of the service is the responsibility of its Chief Executive and Executive Directors."
"both can issue an unlimited fine. As of May 2017, the Lord Justice General was Lord Carloway, and the Lord Justice Clerk was Lady Dorrian, and there were a total of 35 Lords Commissioners of Justiciary. The origins derive from the Justiciar and College of Justice, as well as from the medieval royal courts and barony courts. The medieval Justiciar (royal judge) took its name from the justices who originally travelled around Scotland hearing cases on circuit or 'ayre'. From 1524, the Justiciar or a depute was required to have a ""permanent base"" in Edinburgh. The King of Scots sometimes"
"is unique in having three possible verdicts for a criminal trial: ""guilty"", ""not guilty"" and ""not proven"". Both ""not guilty"" and ""not proven"" result in an acquittal. The 'not proven' verdict in modern Scots criminal law can be described as an historical accident. Historically, there were no set forms for verdicts used by early juries, and their role was simply to find the guilt or innocence of the accused. The role of the jury changed when it became customary in the Justice Court to compose lengthy indictments, where facts were listed which culminated in a statement of the punishable character"
"by the executive, and following the Scottish Government's consultation ""Strengthening Judicial Independence in a Modern Scotland"". In 2002 the board initially had equal numbers of lay and legally qualified members: 5 lay members, 3 judicial members, and 2 members from the legal profession (advocate and solicitors). The method of creating the board and appointing members was not without criticism. The Law Society of Scotland in its members' magazine ""Journal"" was critical that the appointments process did not follow procedures recommended by the Committee on Standards in Public Life, and the chair of the board is a lay member, a situation"
"refusal to impanel more than the six members provided for by Florida law ""did not violate petitioner's Sixth Amendment rights as applied to the States through the Fourteenth."" In ""Ballew v. Georgia"", , the Supreme Court ruled that the number of jurors could not be reduced below six. In ""Brownlee v The Queen"" (2001) 207 CLR 278, the High Court of Australia unanimously held that a jury of 12 members was not an essential feature of ""trial by jury"" in section 80 of the Australian Constitution. In Scotland, a jury in a criminal trial consists of 15 jurors, which is"