High court of the Justiciary

The High court of the Justiciary is the highest criminal court in Scotland. As a court of first instance, it only hears cases following the Solemn Procedure. It is also an Appeals court.

As a court of First Instance
Whilst the High Court can hear any case, the most serious offences such as Rape and Murder can only be heard in the High Court.

Sentancing Powers
The High Court has unlimited sentencing powers for both fines and imprisonment.

As an Appeals court
All Criminal appeals are heard by the High Court. Typically a bank of 3 Judges will sit for appeals (2 for sentencing appeals).

An Appellant can typically only appeal once, however the Scottish Criminal Case Review can refer a case back to the High Court for further review. A successful appeal quashes the conviction, and may open to a retrial.

Prosecutors can additionally appeal on a point of law. An appeal cannot overturn a jury acquittal, but can (through a "Lord Advocate's reference") clarify the law for future cases. Prosecutors can also appeal lenient sentances.

The High Court is usually the highest court for appeals in Scotland, and as such there is usually no further appeal; however some legal issues may be referred to other courts:


 * The Supreme Court of the United Kingdom may be required to rule on matters of Devolution, Compatibility or Human Rights law.
 * The European Court of Justice may determine issues of EU law.
 * The European Court of Human Rights may determine matters that relate to the European Convention on Human Rights

But none of these can in their own right overrule a case, they can only clarify that specific point of law for the High Court to examine in relation to the whole case.