High Court of Justiciary

High Court of Justiciary
Court name	High Court of Justiciary
Caption	Parliament House, Edinburgh, the principal seat of the High Court.
Established	1672
Country	Scotland
Location	Parliament House, Edinburgh; also sits in cities including Glasgow, Aberdeen, and Inverness.
Authority	Courts of Scotland
Appeals to	Supreme Court of the United Kingdom (on devolution issues only)
Chiefjudgename	Lord Justice General

High Court of Justiciary. It is the supreme criminal court in Scotland, exercising exclusive jurisdiction over the most serious crimes and hearing appeals from the lower sheriff courts. Founded by an act of the Parliament of Scotland in 1672, it is one of the nation's oldest and most senior judicial institutions. The court is peripatetic, conducting trials across the country, but its historic headquarters and primary location is within Parliament House, Edinburgh.

History

The court's origins are deeply rooted in the medieval judicial authority of the King's Council and the Justice Ayre circuits. Its modern form was formally established by the Scottish Parliament under King Charles II through the **1672 Act anent the Judicatories**, which created a centralised high criminal court for the first time. This development was part of a broader post-Restoration effort to strengthen royal authority and legal uniformity, superseding the more regional powers of feudal and local courts. The court's early history is intertwined with the political and religious conflicts of the era, including the trials following the Killing Time of the Covenanters. Its role and procedures were further solidified following the Acts of Union 1707, which preserved Scotland's separate legal system, a principle later enshrined in the Treaty of Union.

Jurisdiction and powers

The High Court possesses exclusive jurisdiction over crimes known as **solemn procedure** offences, including murder, rape, treason, and drug trafficking on a commercial scale. It also holds **concurrent jurisdiction** with the sheriff courts for other serious crimes, such as serious assault and major fraud. As Scotland's court of criminal appeal, it hears appeals against conviction and sentence from the sheriff courts and the Justice of the Peace Courts. The court's sentencing powers are unlimited, including the ability to impose life imprisonment, a power exercised in cases like those of Angus Sinclair. It also has inherent authority to regulate criminal procedure and precedent through its decisions.

Structure and composition

The court is presided over by the **Lord Justice General**, who also serves as the **Lord President of the Court of Session**, and the **Lord Justice Clerk**. The judges are collectively known as the **Lords Commissioners of Justiciary** and are the same individuals who serve as Senators of the College of Justice in the civil Court of Session. Trials are typically presided over by a single judge, but appeals are heard by a bench of three or more judges, convened as the **Appeal Court of the High Court of Justiciary**. Key administrative support is provided by the Scottish Courts and Tribunals Service.

Procedure

Criminal trials in the High Court are conducted under **solemn procedure**, featuring a jury of fifteen members, a unique feature of Scots law. The verdict is reached by a simple majority, and the options are **guilty**, **not guilty**, or the unique **not proven** verdict. The prosecution is almost always undertaken by the Crown Office and Procurator Fiscal Service, led by the Lord Advocate or the Solicitor General for Scotland. The court follows the adversarial system, with a strong emphasis on oral testimony and the **Moorov doctrine** for corroboration in certain sexual offences.

Notable cases

The court has presided over many historically significant trials. These include the 1753 trial of **James Stewart (of the Glen)** for the Appin Murder, the 1829 trial of **Burke and Hare** for murder, and the 1990 trial of **Abdelbaset al-Megrahi** for the Lockerbie bombing, held under Scottish law at a special sitting in the Netherlands. More recent high-profile cases include the trials for the **Glasgow Airport attack** in 2007 and the **Murder of Moira Jones** in 2008.

Relationship with other courts

Within the Scottish system, the High Court stands above the **sheriff court** and the **Justice of the Peace Court** in criminal matters. Its civil counterpart is the **Court of Session**, with which it shares judges. Final appeals on criminal matters generally end at the High Court's Appeal Court, preserving its sovereignty. However, since the advent of devolution and the **Scotland Act 1998**, appeals on issues involving **European Convention on Human Rights** rights or the legislative competence of the Scottish Parliament may be taken to the **Supreme Court of the United Kingdom**, as seen in cases like *Fraser v HM Advocate*.

Category:High Court of Justiciary Category:Courts of Scotland Category:1672 establishments in Scotland