Under the Scottish legal system, criminal cases are categorized as either 'solemn' or 'summary' procedures. Which of the following statements accurately identifies the unique characteristics of a trial conducted under solemn procedure?
- The trial is heard by a jury of 15 members who may return a verdict of 'not proven', which has the same legal effect as a 'not guilty' verdict.Cevap
- BThe trial is heard by a jury of 12 members who must reach a unanimous decision to return a 'not proven' verdict to avoid a retrial.
- CThe 'not proven' verdict is an outcome reserved exclusively for summary trials where a judge or sheriff sits alone without a jury.
- DThe trial is presided over by a judge who has the sole authority to determine the 'not proven' verdict if the jury of 15 cannot reach a majority.
Cevap
The trial is heard by a jury of 15 members who may return a verdict of 'not proven', which has the same legal effect as a 'not guilty' verdict.
The correct statement accurately synthesizes three critical facts about Scottish solemn procedure: it involves a jury of 15 members, it permits the unique 'not proven' verdict, and it clarifies that 'not proven' results in the defendant being acquitted (the same legal outcome as 'not guilty').
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Anahtar Kavram
Procedural mechanics and the unique three-verdict system of Scottish criminal courts.