How many people sit on a jury in Scotland?
"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"
"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"
"to reach a unanimous verdict if possible. When the jury is called to deliver a verdict after majority directions have been given, a careful protocol of questions is followed: only in the event of a guilty verdict is it then asked whether or not all jurors were agreed on that verdict, to prevent any acquittal from being tainted by it being disclosed that any jurors dissented. The protocol is followed separately for each charge. It is not possible to have a hung jury in Scotland in criminal cases. Juries consist of 15, and verdicts are decided by simple majority (8)"
"""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"
"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"
"and as such a solicitor will likely be required as legal documents will need to be drafted. A person can represent themselves as a litigant in person but many organisations including Shelter Scotland advise against it. Use of a lay representative is not permitted. Under Section 63 of the Courts Reform (Scotland) Act 2014, a case lodged with the Personal Injury Court that proceeds to proof will take the form of a jury trial. The jury will consist of 12 people, and can decide a verdict by majority decision. If the pursuer and defender both agree, then the proof can"
"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"
"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"
"otherwise claim exemption. Individuals who are blind and/or deaf may be excluded from jury service. During the juror selection process, both parties can object to up to three potential jurors without providing reasons. The Office of the Sheriff of NSW disseminates resources for jurors. Jurors may be compensated for their service. According to 2016 figures from the Ministry of Justice, there is about a 35% chance of people in England and Wales being summoned for jury service over the course of their lifetime. In Scotland the percentage is much higher due to having a lower population as well having juries"
"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"
"of audience rights of audience in the court. Until 1990 only advocates had any right of audience before the High Court, but the Law Reform (Miscellaneous Provisions) (Scotland Act) 1990 allowed solicitors to apply for enhanced rights and become solicitor-advocates. The court's president is the Lord Justice General; the second most senior judge is the Lord Justice Clerk; and a further 35 Senators of the College of Justice hold office as Lords Commissioners of Justiciary. The total numbers of judges is fixed by Section 1 of the Court of Session Act 1988, subject to amendment by Order in Council (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 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"
"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"
"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"
"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"
"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"
"render it in breach of its statutory duty as covered by Section 61(2) of the Judiciary and Courts (Scotland) Act 2008. The response of the Scottish ministers is awaited. As of 23 April 2017 the members of the Scottish Courts and Tribunals Service Board were: 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"
"last order was made in 2016 and increased the number of judges to 35.) Judges are appointed for life, subject to dismissal if they are found unfit for office, and subject to a compulsory retirement age of 75. The court is a unitary collegiate court, with all judges other than the Lord Justice General and the Lord Justice Clerk holding the same rank and title: Lord Commissioner of Justiciary. There are 35, in addition to a number of temporary judges; these temporary judges can be sheriffs principal, sheriffs, or advocates in private practice. The judges sit also in the Court"
"judges and 12 jurors. The presiding judge is to be a judge at a Court of Appeal and is assisted by two judges of Courts of First Instance. The jury invariably consists of twelve members, who are balloted out of the citizens having the right to vote at elections and ageing between thirty and sixty, and they must be able to read and write. In addition, it is possible to call up one to twelve alternate jurors. Only the jury decides upon the facts, and with the judges the penalty is determined. There is no appeal for the verdicts, apart"
"established the Court, but may be increased by the Queen through an Order in Council under s.23(3). There are currently 12 positions: one President, one Deputy President, and 10 Justices. Judges of the Court who are not already peers are granted the style ""Lord"" or ""Lady"" for life. The Constitutional Reform Act 2005 sets out conditions for appointment as a President, Deputy President or Justice of the Court. That person must have held high judicial office (judge of the Supreme Court, English High Court or Court of Appeal, Northern Irish High Court or Court of Appeal, or Scottish Court of"
"Jury A jury is a sworn body of people convened to render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt or lack thereof in a crime. In Anglophone jurisdictions, the verdict may be ""guilty"" or ""not guilty"" (""not proven""; a verdict of acquittal, based on the state's failure to prove guilt rather than any proof of innocence, is also available in Scotland). The old institution of grand juries still exists in some"
"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."
"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"
"in the conduct of serious human affairs"". Because they are fact-finders, juries are sometimes expected to perform a role similar to a lie detector, especially when presented with testimony from witnesses. A civil jury is typically made up of 6 to 12 persons. In a civil case, the role of the jury is to listen to the evidence presented at a trial, to decide whether the defendant injured the plaintiff or otherwise failed to fulfill a legal duty to the plaintiff, and to determine what the compensation or penalty should be. A criminal jury is usually made up of 12"
"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"
"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"
"a hemicycle, a design which is common across European legislatures, intended to encourage consensus and compromise. There are 131 seats in the debating chamber. Of the total 131 seats, 129 are occupied by the Parliament's elected MSPs and two are seats for the Scottish Law Officers—the Lord Advocate and the Solicitor General for Scotland, who are not elected members of the Parliament but are members of the Scottish Government. As such, the Law Officers may attend and speak in the plenary meetings of the Parliament but, as they are not elected MSPs, cannot vote. Members are able to sit anywhere"
"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"
"include Children's Hearings, the Lands Tribunal for Scotland, the Scottish Land Court and the Court of the Lord Lyon. The Employment Appeal Tribunal is also an example of a cross-jurisdictional tribunal. Scotland has several classes of judge who sit in the various courts of Scotland, and led by the Lord President of the Court of Session who is head of the Scottish judiciary by virtue of Section 2 of the Judiciary and Courts (Scotland) Act 2008. The second most senior judge is the Lord Justice Clerk, and together with the Senators they constitute the College of Justice. The Senators are"
"jury is then randomly selected by drawing of lots. Juries are not used in other criminal and civil cases. For most other cases in the first and second tier courts lay judges sit alongside professional judges. Lay judges participate in deciding both the facts of the case and sentencing. Lay judges are appointed by local authorities, or in practice by the political parties represented on the authorities. Lay judges are therefore usually selected from among nominees of ruling political parties. In England and Wales jury trials are used for criminal cases, requiring 12 jurors (between the ages of 18 and"
"verdict. Part XX of the ""Criminal Code of Canada"" allows for a jury in a Canadian murder trial to consist of twelve jurors. However, a minimum of ten jurors and a maximum of 14 jurors may hear the evidence a trial. At the end of trial, a maximum of twelve jurors and minimum of ten jurors may deliberate. Section 631(2.2) as well as section 643 of the ""Criminal Code"" specify that a jury may consist of either 12, 13 or 14 members, however, 12 is most common. Section 631(2.2) allows a judge to order that 13 or 14 jurors be"
"as understood and applied at common law, and includes all the essential elements as they were recognized in this country and England when the Constitution was adopted."" Therefore, it was held that juries had to be composed of twelve persons and that verdicts had to be unanimous, as was customary in England. When, under the Fourteenth Amendment, the Supreme Court extended the right to a trial by jury to defendants in state courts, it re-examined some of the standards. It has been held that twelve came to be the number of jurors by ""historical accident,"" and that a jury of"