First Instance Jurisdiction
When sitting as a court of first instance, that is, when hearing a case for the first time rather than on appeal, a single Lord Commissioner of Justiciary usually presides (although two or more judges may sit in important or difficult cases) with a jury of fifteen individuals. Under the Scottish legal system, the jury need not return a unanimous verdict; a majority verdict may also be used. The Scottish legal system also permits a verdict of 'not proven' as well as verdicts of 'guilty' or 'not guilty'.
The High Court has jurisdiction over all crimes in Scotland unless restricted by statute. In practice, however, the High Court generally deals with crimes, such as murder and rape, in which it has exclusive jurisdiction, as well as other serious crimes.
Read more about this topic: High Court Of Justiciary
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