Rank: New forum user
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Can someone tell me what is the maximum prison sentence that can be given from a sheriff court and what is the max prison sentence that can be given from Crown court - Scottish Law.
Have a few different answers, thought my IOSH mates would help me out.
Many Thanks
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Rank: Super forum user
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I'll give it a go. The maximum prison sentence depends on the offence, unless you mean in the literal sense. In which case, an indeterminate sentence in theory is the longest custodial sentence because no specific time is set by the court, otherwise it would be a 'life' sentence where the court can impose a minimum term until the offender can be considered for parole or a 'whole life' sentence where the person is never to be considered for realease.
Not sure if Scottish law is different.
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Rank: Super forum user
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Scotland has JP Courts (formerly District Courts) Sheriff courts and the High Court, it does not have Crown Courts. H&S offences would normally be dealt with in Sheriff court, sentencing powers are the same as Crown in England and Wales with the exception that, as far as I know, there are no sentencing guidelines. Scotland remains in the UK, for now at least, and the courts are subject to appeal to the Supreme Court, just like in the rest of the country,
John
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Rank: Super forum user
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The Sheriffs courts has no direct equivalent in the English legal system. It is above the Justice of the Peace Courts which hear summary cases and so are equivalent to the English magistrate’s courts but it is below the High Court of Justiciary which is the Scottish equivalent of the Crown Court. It can either sit as a solemn court with a Scottish type jury (of 15 jurors) or as a summary court with no jury. The maximum penalty that may be imposed in summary cases is 12 months' imprisonment or a £10,000 fine, in solemn cases 5 years' imprisonment or an unlimited fine. A higher sentence in solemn cases may be imposed upon reference to the High Court of Justiciary.
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Rank: Super forum user
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