Summary Procedure

Cases decided by a sheriff alone, without a jury

What summary procedure is

One of the first things a solicitor will explain after a charge has been made is whether the case will proceed under solemn procedure or summary procedure. For most people this distinction means very little at first. By the time a case reaches trial it means a great deal.

Summary procedure is used for less serious offences. A sheriff sitting alone decides both the facts and the law. There is no jury.

How summary cases proceed

Summary cases are heard in the Sheriff Court. The maximum sentence a sheriff can impose in a summary case is currently twelve months imprisonment, although this varies depending on the offence and the court.

In a summary case the accused appears, is read the charge, and is asked to plead. If the plea is guilty the case moves to sentencing, either immediately or at a later diet. If the plea is not guilty a trial date is fixed and the case proceeds to a summary trial before the sheriff alone.

Summary trials are generally shorter and less formal than solemn trials. There is no jury. The sheriff hears the evidence, considers the law, and reaches a verdict. The standard of proof is the same as in all criminal cases. The Crown must prove the charge beyond reasonable doubt.

What offences are dealt with under summary procedure

Summary procedure is used for a wide range of offences including road traffic matters, minor assault, breach of the peace, and lower level dishonesty offences. It is not used for the most serious crimes.

All rape and serious sexual offences proceed under solemn procedure. The distinction between the two procedures and which applies in a given case is not a matter of choice for the accused. It is determined by the nature and seriousness of the charge.

The sheriff's role in a summary trial

In a summary case the sheriff performs two functions that in a solemn case are split between the judge and the jury. The sheriff both determines the law — ruling on any legal questions that arise — and decides the facts, assessing the evidence and reaching a verdict.

In summary cases the accused faces a different dynamic from solemn procedure. The sheriff is legally trained and experienced. Arguments about law and procedure may carry more weight. But there is no jury to persuade and no equivalent opportunity to connect the human reality of a situation with a group of ordinary people deciding the outcome.

What to take from this page

Summary procedure applies to less serious offences and is decided by a sheriff alone without a jury. The maximum sentence is lower than in solemn cases. The process is generally shorter. It is not used for serious sexual offences.

The next page covers solemn procedure, which applies to serious offences including all rape and serious sexual offence cases and involves a jury of fifteen people.

This page is information only and does not constitute legal advice. Law changes and individual cases vary. Anyone facing criminal proceedings in Scotland should seek advice from a qualified Scottish solicitor at the earliest opportunity.