Scottish Law Questions? Ask a Scots Lawyer
1. This would be attempted murder and would be prosecuted under solemn procedure. The person would be examined by a sheriff and then remanded for trial at the High Court of Justiciary. With a previous record and no mitigating circumstances the sentence could be 5-7 years. 2. If there is no evidence then the charge would be not guilty as the case would never get to a jury and would be thrown out by the judge on a motion by the defence that there is no case to answer.
1. Police arrest and take into custody. Person taken to sheriff court and appears in private. Bail would normally be refused and the person remanded in custody for trial at the High Court of Justiciary. 2. In this scenario the person would plead not guilty and a trial would be held. After the prosecution witnesses have been heard the defence advocate will make an application to th judge that ther is insufficient evidence and no case to answer. If the judge agrees the case is dismissed by the judge without the case proceeding to the defence case or given to a jury.