Courts of law

This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales

The legal system in Scotland has two distinct areas:

  • civil cases - for disputes between individuals or organisations, such as eviction or divorce

  • criminal cases - for when charges are brought against individuals or organisations, such as rape or assault

There is more information about the legal system in Scotland on the Scottish Courts and Tribunals Service website.

Civil courts

Different courts in Scotland will hear different types of cases.

Sheriff court

There are a number of sheriff courts across Scotland.

Usually the sheriff is a qualified advocate or solicitor.

There are different types of civil action that the sheriff court deals with. These include:

  • family matters such as divorce, child welfare and adoptions

  • money claims including cases about debt, breaches of contract and bankruptcy

  • personal injury claims

  • discrimination cases.

If you're not satisfied with the sheriff’s decision about your case, you can make an appeal on a point of law. 

A case worth up to £100,000 must be raised in the sheriff court. Some cases heard in the sheriff court might be worth more than this amount.

The simple procedure and ordinary procedure are the two main types of civil legal action in the sheriff court.

Going to court should be a last resort. Before you start an action, make sure you have tried to settle the dispute out of court.

You might start by:

  • sending a letter to the person or company that your dispute is with

  • using a form of alternative dispute resolution, like mediation or an ombudsman.

Find out more about using alternative dispute resolution.

Simple procedure

Claims worth £5,000 or less are dealt with under the simple procedure.

Find out more about the simple procedure.

Ordinary procedure

Claims worth more than £5,000 are dealt with using the ordinary procedure.

Find out more about the ordinary procedure on the Scottish Courts and Tribunals Service website.

The ordinary procedure can be complex. You might want to consult a solicitor first about your case.

All-Scotland Personal Injury Court

The All-Scotland Personal Injury Court in Edinburgh hears all eligible personal injury cases. A claim is eligible if one of the following applies:

  • its value exceeds £5,000

  • it's a workplace-related personal injury case worth £1,000 or more

  • it's a workplace-related personal injury claim worth less than £1,000 but is sent to the Edinburgh court from an order of a sheriff in a sheriff court elsewhere in Scotland.

Court of Session

The Court of Session in Edinburgh is the highest civil court in Scotland. Cases that are worth less than £100,000 cannot be raised in the Court of Session but have to be raised in the sheriff court.

The Court of Session is made up of:

  • the Outer House, which deals with complex cases of divorce, dissolution of a civil partnership or separation. It may also deal with cases when a large amount of money is being claimed 

  • the Inner House, which deals with people who are appealing against decisions of either the Sheriff Appeal Court or the Outer House of the Court of Session.

Group proceedings

The Court of Session can accept legal action from a group of people in group proceedings. This could be two or more people who have similar or related claims against the same company, organisation or person.

You should get legal advice if you think you and other people have related claims that could be dealt with in group proceedings.

UK Supreme Court

If you're not satisfied with the decision of the Inner House of the Court of Session, you may be able to appeal to the UK Supreme Court. Either the Inner House of the Court of Session or the UK Supreme Court will have to grant permission for the appeal to be heard.

This is the final court of appeal for all civil cases. It can be very expensive to appeal a case to the UK Supreme Court.

The Scottish Land Court

This court consists of a chairman who is a lawyer plus four lay members with experience in questions of agriculture. It deals with matters like succession to crofts, grazing rights, disputes between landlords and tenants of holdings and other agricultural problems.

There's a right to appeal to the Court of Session but only on a point of law.

Criminal courts

Criminal cases are dealt with under one of two procedures, depending on the seriousness of the offence:

  • minor offences, such as being drunk and disorderly, are heard before a justice of the peace (JP) or a sheriff, who may be known as the summary sheriff, or a fixed penalty may be imposed at the time of the incident

  • serious offences, such as rape and murder, are heard before a sheriff or a judge and jury.

A sheriff court can be designated as a drugs court for the immediate area. It can deal with offenders who have a drug abuse problem.

Justice of the peace court

Cases dealing with minor offences are heard before a justice of the peace in the JP court. JPs are not usually qualified solicitors. The maximum sentence a JP can impose is a fine of £2,500 or a prison sentence of up to 60 days, or both.

Examples of cases the JP court can deal with are:

  • some traffic offences, for example driving through a red traffic light

  • being drunk and disorderly

  • assaulting a police officer.

If you are not satisfied with a decision about criminal proceedings or bail in the justice of the peace court you may be able to appeal to the Sheriff Appeal Court.

Sheriff court

The sheriff court can deal with some criminal cases. Cases can be heard before a sheriff alone, who may be known as the summary sheriff, or a sheriff and a jury. The maximum sentence for cases heard before a sheriff is a fine of £10,000 or 12 months in prison. The maximum sentence for cases heard before a sheriff and jury is 5 years in prison (3 years for cases that were first called before 1 May 2004) or an unlimited fine.

Examples of criminal cases the sheriff court can deal with are:

  • theft

  • assault

  • possession of drugs

  • soliciting

  • appeals from a children's hearing.

For more details on children’s hearings, see Children who are looked after by the local authority.

If you're not satisfied with the decision in summary criminal cases, you may be able to appeal to the Sheriff Appeal Court.

The High Court of Justiciary

Serious cases, such as murder, are dealt with by the High Court, heard by a judge and jury.

Examples of cases which the High Court can deal with are:

  • murder

  • rape

  • incest

  • treason

  • large-scale fraud.

Witnesses in court proceedings

In both civil and criminal cases, witnesses can be called to court to provide evidence.

When witnesses are called in criminal cases, they may also be victims of a crime. The way in which witnesses are called is handled by the Crown Office and Procurator Fiscal Service (COPFS). Some witnesses may require special measures because they are vulnerable. There is a helpful set of frequently asked questions on the COPFS website.

When witnesses are called to court in civil cases, they may feel anxious about having to go to court. The Scottish Courts and Tribunal Service has some information about witnesses in civil and criminal cases.

International courts

European Court of Justice (ECJ)

If your case is covered by European Union (EU) law, it might be referred to the European Court of Justice (ECJ) in Luxembourg. The ECJ advises on how EU law is interpreted and takes action against countries that have ignored the law or failed to bring it into force correctly.

The UK has left the EU, and since 31 December 2020, EU law no longer applies in the UK. But the ECJ's role will continue in some cases.

If you had a case pending with the ECJ as of 31 December 2020, it will still be dealt with by the ECJ.

European Court of Human Rights

If you think that your rights under the European Convention of Human Rights have been infringed, you can take legal action in a Scottish court to have the case investigated. If you're unhappy about the court decision, you can appeal. If you're unhappy about the appeal decision, you can appeal to the European Court of Human Rights, but you must apply within 6 months of the final decision in Scotland.

The European Court of Human Rights is not part of the EU, and the European Convention on Human Rights is separate from EU law.