Scotland's Criminal Justice System

In Scotland, criminal justice is a devolved power from the parliament of the United Kingdom

to the Scottish parliament. Because of this Scotland has its own, both, civil and criminal

justice system of trial, which differs from the English and welsh systems. These divisions are

the two main categories that Scots law is split into. Despite both justice systems belonging to

Scotland, they have many differences in the way they operate, alongside these differences

there are also many similarities that should be noted.

A criminal offence is an offence committed by an individual/group that violates a law, and

most commonly is against the state or causes harm to a member of the public. If an

individual is caught committing a criminal

For more serious

crimes, however, the prosecutor Fiscal may visit the crime scene and have a more active

involvement in the investigation. If it is decided that a prosecution is needed, the case will be

taken forward to court for trial.

When concerning the civil justice system of trial, most trials are cases in which a party are

seeking to find an impartial solution over a dispute that has taken place. The civil justice

system is focused around said party having the ability to sue another for their negligence,

carelessness or their failure to provide safety. In short, the civil justice system allows one

party to sue another for money and receive care for their injuries. If an individual decides

that they want to take the dispute to court and sue the other, they need to present themselves

and evidence before a judge. If the judge decides that the party is responsible for the incident,

they must pay money to the other.

When examining both systems of justice, there are many similarities and differences in

Thus, while both systems are in place to help ensure justice, they deal with

different types of cases.

Another difference the systems have is who initiates the legal process. The process of

criminal justice is most often started by the police force when they obtain a criminal. This

then starts the legal process; the individual is charged and it is decided by the prosecutor

fiscal if they will be prosecuted. Contrastingly, the civil legal system is initiated by the

individual/company who wants the case to go to court. They must firstly present the case to a

judge who will then make the final decisions on the conclusion of the case. Additionally,

while in criminal trials it is the responsibility of the police force to find evidence to secure a

prosecution, in civil trials it is the responsibility of the individual taking the case to court.

Thus, showing some of the many differences between the Scottish criminal justice system of

trial and the civil justice system of trial.

Despite these differences, the two systems also share many similarities. For example, both

systems result in court and they are presented before a judge. Both systems result in