The Court Process for Road Traffic Cases in Scotland
Attending court can be a daunting and stressful experience, particularly if it is your first encounter with the criminal justice system. However, understanding the procedure and what to expect can significantly ease your concerns and help you navigate the process more confidently. This guide will walk you through the court procedure for road traffic offences in Scotland, from the initial stages to trial and appeals.
The Initial Stages
If a driver is stopped for a road traffic offence the police will either – give a warning about the driving, charge the driver with a particular offence or offer a fixed penalty.
A Fixed Penalty is an alternative to prosecution. It includes penalty points and a fine. If a fixed Penalty is issued it must be accepted and paid within 28 days. If a driver refuses or ignores the fixed penalty the incident which gave rise to the fixed penalty will be reported to the Procurator Fiscal (PF).
Likewise, where a driver has been charged with a road traffic offence by the police on the spot and no fixed penalty has been issued a report about the offence will be sent to the Procurator Fiscal to the Procurator Fiscal (PF).
The PF is responsible for the prosecution of crimes in Scotland and will decide whether to proceed with the case. If the PF determines that further action is necessary, they will issue a Complaint, which outlines the charges, along with a Court Citation. The citation will specify the court where your case will be heard and the date and time of the hearing. Also attached to the complaint is a Summary of the Evidence against the driver.
In cases where a driver is arrested, the police may either release the individual on a Bail Undertaking to appear in court on a specified future date or hold them in custody to appear at court on the next lawful day.
With offences caught on Camera, such as speeding and running a red light the police will firstly issue a Notice of Intended Prosecution, together with a requirement to identify the driver at the relevant time. Once the driver has been identified the police will either offer a fixed Penalty or report the incident to the PF.
Where Cases Take Place
There are three types of courts in Scotland that handle road traffic offences, each dealing with different levels of severity:
Justice of the Peace (JP) Courts
The vast majority of road traffic cases, such as speeding, careless driving, or running a red light, are dealt with in the Justice of the Peace Courts. These courts handle less serious offences and can impose penalties like fines, penalty points, and disqualification.
Sheriff Courts
More serious offences, including drink driving and dangerous driving, are heard in the Sheriff Courts. These courts handle more complex cases and can impose heavier penalties, including community service orders and imprisonment.
High Court of Justiciary
The High Court deals with the most severe road traffic offences, such as causing death by dangerous driving. These cases are typically heard in Glasgow or Edinburgh, though the High Court can also sit in a Sheriff Court building if the case is being tried closer to the location of the offence.
Who You Can Expect to See in Court
When attending a Scottish court for a road traffic case, you will encounter various key figures, each with an important role in the process:
- Sheriff or Justice of the Peace: The Sheriff presides over cases in the Sheriff Court, while a Justice of the Peace oversees matters in the JP Court. They are responsible for ensuring fairness during the proceedings, ruling on legal issues and deciding a person’s guilt or innocence. If the accused plead guilty or is found guilty, the judge is responsible for determining the appropriate sentence. To this end they will consider various factors, including the nature and seriousness of the offence, the defendant’s criminal history, driving record, mitigating circumstances, and the impact on any victims, such as injuries caused by a road traffic collision.
- Procurator Fiscal (PF): The Procurator Fiscal is the public prosecutor who represents the Crown. Their role is to present the case against the accused person, by calling eye witness and/or leading other evidence from experts, documents and video footage. The PF does not represent witnesses or victims. Their primary responsibility is to prosecute in the “public interest” to ensure that justice is served fairly and impartially.
- Defence Solicitor: A defence solicitor plays a crucial role in court, representing and advocating for the rights of the accused. Their primary responsibility is to ensure their client receives a fair trial, that the legal process is followed correctly and that their clients dance id properly stated. This includes questioning and cross examining witnesses, challenging evidence, and presenting arguments that support the client’s case. In some cases, a defence solicitor may negotiate a suitable plea or reduced charge with the PF
- Clerk of Court: The clerk calls out each case and ensures the smooth operation of the court. The clerk also confirms the decisions of the sheriff or JP, fixes further court dates and keeps a record of proceedings.
- Court Usher: The court usher manages the courtroom, escorting witnesses in and out and ensuring the proper conduct of those present.
- Witnesses: Both Crown and defence witnesses may be called to give evidence to support their version of events. Crown witness always give their evidence before defence witnesses. Before giving their evidence witnesses are not allowed to hear the evidence given by other witnesses.
- Members of the Public: Most courts have designated public seating areas where members of the public or the press can observe the proceedings. These areas are generally open unless the case involves sensitive information, such as those involving children or vulnerable individuals. While high-profile cases may attract more attention, it is rare for everyday cases to draw significant public or press interest. Mostly the public seating area is taken up with accused person waiting of rte case to be called.
Court Hearings and Procedure
Pleading Diets and Undertakings
The first court hearing in a road traffic case is known as the Pleading Diet or Bail Undertaking. At this hearing, the court is primarily concerned with whether the accused will plead guilty or not guilty to the charges.
- Plea of Guilty: If you plead guilty, the court may move directly to sentencing. Most road traffic offences are dealt with by a fine, penalty points, or disqualification from driving. In some cases, sentencing may be deferred to allow the court to gather more information, such as a social work report. If you plead guilty early in the process, the court may offer a reduced sentence as recognition of your cooperation.
- Continued Pleading Diet: In some cases, the Pleading Diet may be Continued Without Plea, typically for a few weeks. This can happen if you need time to seek legal advice or gather additional information before deciding on your plea.
- Plea of Not Guilty: If you plead not guilty, the court will schedule two further hearings within about 2 to 4 months of the pleading diet. The first hearing is called an Intermediate Diet and the second is the Trial Diet. These particular hearings are usually a month apart.
- Bail Undertaking: If a driver has been arrested and taken to a police office he may be released from police custody by signing a Bail Undertaking to attend court on a specified date. The Bail Undertaking may also require the accused to follow certain conditions, such as not contacting witness and/or not committing any further offences while on a Bail Undertaking.
- Failing to Attend Court: If a person fails to attend a court hearing, without explanation or reasonable excuse, a warrant of their arrest may be granted.
Intermediate Diet:
The Intermediate Diet is a preparatory hearing that takes place a few weeks before the trial. Its purpose is to confirm that the case is ready to proceed. No witnesses are present, and it is often used to resolve any remaining issues before the trial. If any delays or issues arise, the trial date may be rescheduled.
At this stage, you still have the option to change your plea from not guilty to guilty, often resulting in a reduced sentence.
Trial Diet
At the Trial Diet, both the prosecution and defence will present their cases. The Procurator Fiscal Depute (the prosecutor) will call witnesses to testify about the alleged offence. These witnesses, known as Crown witnesses, can include police officers, eyewitnesses, or experts. After each witness is questioned by the prosecutor, your solicitor can cross-examine them to challenge their evidence. The prosecution may also present other types of evidence, such as documents, photographs, or video footage.
After all evidence has been heard and both sides have made their closing arguments, the Sheriff or Justice of the Peace will deliver a verdict. In Scotland, there are three possible verdicts:
- Guilty: A conviction is made.
- Not Guilty: You are acquitted and free to go.
- Not Proven: A unique Scottish verdict, meaning the court was not convinced beyond a reasonable doubt but could not find enough evidence to convict.
Appeals
If you believe that your trial was wrongly decided or unfair or that the sentence was too harsh, you have the right to appeal. Appeals against conviction or sentence, or both must be lodged within strict time limits—typically within 7 days of the conviction or sentence being passed. Appeals for road traffic cases are usually heard by the Sheriff Appeal Court.
Getting Advice
Navigating the court system can be confusing, especially for individuals who have never dealt with it before. Seeking early legal advice is highly recommended to ensure that you fully understand your rights and options at each stage of the process. A solicitor can provide guidance, represent you in court, and work to secure the best possible outcome in your case.
What Should I Do Next?
Ensure you receive the right guidance. It’s essential to get advice from a lawyer who specialises exclusively in road traffic law. At Dominic Sellar & Co, we focus solely on road traffic cases, providing dedicated expertise you can trust.
While some lawyers may appear to specialise in road traffic law, those who also handle other areas of criminal law are not true road traffic specialists.
For free, expert, no-obligation advice, contact Dominic Sellar & Co today.