5.6.3 Crown Courts and Sheriff Courts

In England, Wales and Northern Ireland, serious offences are tried in front of a judge and a jury in a Crown Court. In Scotland, serious cases are heard in a Sheriff Court with either a sheriff or a sheriff with a jury. The most serious cases in Scotland, such as murder, are heard at a High Court with a judge and jury. A jury is made up of members of the public chosen at random from the local electoral register. In England, Wales and Northern Ireland a jury has 12 members, and in Scotland a jury has 15 members. Everyone who is summoned to do jury service must do it unless they are not eligible (for example, because they have a criminal conviction) or they provide a good reason to be excused, such as ill health.

The jury has to listen to the evidence presented at the trial and then decide a verdict of ‘guilty’ or ‘not guilty’ based on what they have heard. In Scotland, a third verdict of ‘not proven’ is also possible. If the jury finds a defendant guilty, the judge decides on the penalty.