The Criminal Justice System in Scotland

Scotland’s criminal justice system is complicated with lots of different organisations involved and lots of different stages, each with its own separate processes.

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What are all the stages in the Scottish criminal justice system?

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Community Justice Scotland have created a map of the key stages of the Scottish justice system. It shows the broad range of possible journeys through the system and the range of possible outcomes. 

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The Child’s Journey, A guide to the Scottish justice system provides a similar map of the criminal justice system for young people.

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What sort of sentences can be given?

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The Scottish Sentencing Council provide information on the wide range of sentences (sometimes called disposals) that can be given in criminal cases.

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Non-custodial sentences

• Without punishment - Absolute Discharge and Admonition.
• Community based - Community Payback Orders, Compensation Order, Deferred Sentence, Orders and Fines

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Custodial sentences

• Prison sentences
• Detention (for ages 16-21)

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The Scottish Sentencing Council also provide information on the types of appeal and the potential outcomes of an appeal.

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It is important to understand the exact sentence(s) you were given so that you can understand when it will become spent.

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Glossary of terms

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The language involved in the criminal justice system can also be complicated.  The Community Justice Ayrshire Partnership have created a useful glossary with common justice terms, acronyms and abbreviations. 

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Easy Read guidance

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The SOLD Network have produced a range of Easy Read resources that can help you to understand the criminal justice system:

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• Your Rights When You Are In A Police Station
• Is It A Crime?
• Arrest
• Simplified Criminal Justice Pathway For Adult Offenders

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How do you get a copy of your criminal record?

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Should you need to access a copy of your criminal record. You can do so for free by making a Subject Access Request to Police Scotland.  The process is free and the form is available from the Police Scotland website.

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It is worth noting the following tip from their website in mind:

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“To request your criminal record (or for confirmation that nothing is held regarding you on these systems) you should tick the Scottish Criminal History System (CHS) and/ or Police National Computer (PNC) check boxes on the application form or state in your email that you would like a CHS/ PNC check.”

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