Solemn Procedure

Serious cases decided by a jury of fifteen people

What solemn procedure is

Solemn procedure is used for the most serious offences in Scots law. All rape and serious sexual offence cases proceed under solemn procedure. So do murder, serious assault, major fraud, and other significant crimes.

The defining feature of solemn procedure is the jury. Fifteen ordinary people are selected to hear the evidence and decide the facts. The judge or sheriff determines questions of law. The jury determines questions of fact.

The two solemn courts

Within solemn procedure there are two courts in which a case can be heard.

The Sheriff Court sitting with a jury can hear serious offences but is subject to a sentencing limit. The maximum sentence a sheriff can impose in solemn proceedings is currently five years imprisonment, although there are exceptions for certain offences.

The High Court of Justiciary has unlimited sentencing powers and deals with the most serious crimes. Murder must be tried in the High Court. Rape and other serious sexual offences are very frequently tried there, particularly where the circumstances are considered to be at the more serious end of the scale or where a lengthy sentence may be required.

The indictment

In solemn cases the formal document setting out the charges is called an indictment. It is prepared by the Crown and served on the accused before trial. The indictment sets out what the Crown alleges happened, under which charges it intends to proceed, and the list of witnesses and productions the Crown intends to rely upon.

It is important to understand what an indictment is and what it is not. It is not evidence. It is not a finding of fact. It is the Crown's statement of what it intends to try to prove.

The fifteen-person jury

Scottish juries have fifteen members, more than in England and Wales where juries have twelve. This is not merely a numerical difference. It affects the dynamics of jury deliberation and the threshold for conviction.

In Scotland a jury reaches its verdict by simple majority. Eight votes out of fifteen are sufficient to convict. This means that seven jurors can be unconvinced of guilt and a conviction can still follow.

Until recently Scottish juries also had a third verdict available to them in addition to guilty and not guilty. The not proven verdict allowed a jury to acquit without positively asserting innocence. It was controversial and frequently misunderstood but it gave jurors a way to register doubt without declaring outright disbelief of the complainer. The not proven verdict was abolished by the Victims Witnesses and Justice Reform Scotland Act 2025. Juries now choose between guilty and not guilty only.

The implications of that change, particularly in cases that turn heavily on credibility, are still being worked through in practice.

Why solemn procedure matters to the accused

In solemn cases the accused faces the prospect of a longer trial, a more complex pre-trial process, and potentially a much longer sentence if convicted. The involvement of a jury introduces a human element that summary procedure does not have. Fifteen ordinary people, with no legal training and varying life experiences, must be persuaded beyond reasonable doubt that the accused did what is alleged.

That is both the strength and the uncertainty of jury trial. A good defence, properly prepared and well presented, has a real opportunity to create genuine doubt in the minds of jurors. The rules of evidence, including those governing what can and cannot be placed before the jury, matter enormously in this context. A case that looks overwhelming on paper may look very different once the jury has heard it tested properly.

A note on serious sexual offence cases

The overwhelming majority of rape and serious sexual offence cases in Scotland proceed under solemn procedure in either the Sheriff Court or the High Court. These cases have their own particular characteristics in terms of the evidence that can be led, the applications that must be made before trial, and the directions that will be given to the jury.

The rules around section 274 and section 275 of the Criminal Procedure Scotland Act 1995 apply specifically in these cases and can have a profound effect on what the jury hears and does not hear. These are covered in detail in the Understanding the Law section of this site.

What to take from this page

Solemn procedure applies to serious offences including all rape and serious sexual offence cases. A jury of fifteen people decides the facts by simple majority — eight votes are sufficient to convict. Cases are heard in the Sheriff Court (with jury) or the High Court of Justiciary, which has unlimited sentencing powers.

Understanding which procedure applies to a particular case is the starting point for understanding everything else about how that case will unfold.

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.