Cases in the High Court are prosecuted by advocate deputes, they are advocates or solicitor-advocates who are appointed by the Lord Advocate, in whose name all prosecutions are brought in the public interest. The origins derive from the Justiciar and College of Justice, as well as from the medieval royal courts and barony courts. About the Publisher Forgotten Books publishes hundreds of thousands of rare . [11], The membership of the court remained unchanged until 1887 when all of the Senators of the College of Justice were made Lords Commissioners of Justiciary, by the Criminal Procedure (Scotland) Act 1887. It is a Category A listed building. Studies in Scarlet Marriage and Sexuality in the U.S. & U.K., 1815-1914 Home; About; search for Search High Court of Justiciary, Edinburgh. However, the First Minister must consult the Lord Justice General (or the Lord Justice Clerk, if the Lord Justice General is under investigation). The tribunal is convened at the request of the Lord Justice General (in his capacity as Lord President) or in other circumstances if the First Minister sees fit. The jurisdiction of the Supreme Courts extends to the whole of Scotland. 0131 240 6907. Dominic Scullion, writing in the Aberdeen Student Law Review in 2010, identified that the Union of England and Scotland saw an increase in references to English law and cases in the reports of the High Court. For all High Court sittings at first instance. The judges sit also in the Court of Session, where they are known as Lords of Council and Session; in the Court of Session the Lord Justice General is called the Lord President of the Court of Session. The trial papers or 'High Court of Justiciary Trial Papers' contain some of the same information that you will find in the precognition, but you will also find additional information. (Scotland) Act 2000, an Act of the Scottish Parliament, had removed the previous restrictions on bail that meant that murder and treason were not ordinarily bailable. firstinstancehighcourt@scotcourts.gov.uk, Solemn Appeals The High Court also hears appeals in cases referred to it by the Scottish Criminal Cases Review Commission. Edinburgh, 2-8 Parliament Square, High Court Of Justiciary And Court Of Session : A visitor wearing a face mask takes a photo.. / Go to the mediabankRussian Foreign Minister.. Preliminary Hearings and Dates of Inquiry, Dealing With a Deceaseds Estate in Scotland, Divorce and Dissolution of Civil Partnership, Criminal Courts Practice Notes and Directions, AC Messenger-at Arms and Sheriff Officers, Simplified Divorce and Dissolution of Civil Partnership Guidance Notes, Dealing With a Deceased's Estate Guidance Notes, Please check here for the latest information, Courts, tribunals and Justice organisations in Scotland, Information for those due to attend or visit court, Information on how some court processes work and action you may want to take, Only judgments of significant points of law or public interest, Procedures and practices which apply to courts. The Scotland Act 2012 requires that once the point of law has been decided upon by the Supreme Court, it is for the High Court to resolve the case. This is the reference number of a specific trial or Crown Office precognition to quote when you wish to see the papers in the NRS search rooms. Cite / Citation (1) To summon to court a party, witness or juror. Such points of law related to human rights compatibility issues or related to devolution issues. EH1 1RQ, Director and Principal Clerk of Session and Justiciary, Criminal Department: 549306, Edinburgh 36, If you want to contact us using text relay please follow the guidance at this link - the Next Generation Text Service. Van Diemen's Land and Norfolk Island. January 2, 3 Sadly, for Ritchie, the Appeal Court did not agree. The High Court of Justiciary hears the most serious cases, including all cases of rape and murder. As an appeal court, the High Court sits only in Edinburgh. The information has been obtained from the court minute books and case papers. The High Court building in Glasgow is under the supervision of the First Instance Manger West who has the day to day responsibility for the administration and management of staff along with the programming of the Court business for Glasgow and the West of Scotland in consultation with the Crown. The High Court of Justiciary makes this Act of Adjournal under the powers conferred on it by section 305 of the Criminal Procedure (Scotland) Act 1995(a), sections 11(6) . 4 SCHEDULE Paragraph 2(3) Rule 73.2 Was reported to him as lieutenant. Appeals from solemn proceedings, 0131 240 6909 Excerpt from The Trial of Andrew M'kinley, Before the High Court of Justiciary, at Edinburgh, on the 26th July, 1817, for Administering Unlawful Oaths: With Antecedent Proceedings Against William Edgar, John Keith, and Andrew M'kinley Interlocutor of the Court, ordering information: on the rele vancy of the indictment. She resigned weeks later at a hastily-called press conference. Articles Find articles in journals, magazines, newspapers, and more; Catalog Explore books, music, movies, and more; Databases Locate databases by title and description; Journals Find journal titles; UWDC Discover digital collections, images, sound recordings, and more; Website Find information on spaces, staff, services, and more . The High Court of Justiciary sits as an appeal court in Edinburgh. The College of Justice includes the Supreme Courts of Scotland, and its associated bodies. [12] Writing in 1896, Charles Pearson attested that no appeal was competent from the High Court to the House of Lords. Subsequent appeals were heard in Scotland. The High Court of Justiciary is Scotland's supreme criminal court. )[60][61], Appointments are made by the First Minister of Scotland on the recommendation of the Judicial Appointments Board for Scotland. It deals with enquiries from potential jurors regarding jury duty including applications for excusal. For more advice on this, go to our guide on crime and criminals. Welcome to the Judiciary of Scotland website where you can find information about Scotland's judicial office holders and their role and work within the justice system - including details on judicial decisions in the courts and tribunals. page liii - club. [35], In Scotland, the focus is normally for those who are opposed to bail to convince the courts that bail should not be granted,[34] with the procurator fiscal given guidance to use the nature and gravity of an offence as grounds to oppose bail. [25] Under the Scottish legal system, the jury can convict on a majority verdict of at least eight jurors, and need not return a unanimous verdict. It is a Category B listed building. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi. It instructs the Sheriff Clerk of the appropriate district to issue citations to potential jurors. The High Court is presided over by the Lord Justice General and the Lord Justice Clerk. The High Court of Justiciary, the supreme criminal court, in Edinburgh. Years which are currently catalogued in full are 1800, 1833-37, 1840-1930. Trial of William Burke and Helen M'Dougal [electronic resource] : before the High Court of Justiciary, at Edinburgh, on Wednesday, December 24. Circuit Court The court held by the judges of the High Court of Justiciary when they sit outside Edinburgh. The section acts as a liaison point for all reports requested in relation to High Court trials. Most decisions are given verbally by judges in court. It is possible for the entire High Court to sit in determination of an appeal. 1810 (PP - states that 3 out of 5 death sentences carried out) High Court of Justiciary, Edinburgh, tried on the 8th of January. There is a restaurant on Level -1 which provides meals and light refreshments. [39], In exceptional circumstances, a person may petition the Scottish Criminal Cases Review Commission, who have the authority to refer an appeal back to the High Court of Justiciary, if the Commission determine that a miscarriage of justice has or might have occurred. Follow us @JudgesScotland for our latest updates including links to sentencing statements and news items. View. [14][47], In the most exceptional of circumstances, an appeal may be made to the Supreme Court of the United Kingdom or the European Court of Human Rights or both. Martyn Coulter, 36, is on trial at the High Court in Edinburgh accused of raping a woman and assaulting her three times at addresses in East Lothian and Edinburgh, and is also accused of being threatening towards her. Solicitor-advocates are members of the Law Society of Scotland. They provide the main findings, but do not form part of the reasons for the decision. The High Court also deals with all criminal appeal cases. The High Court is both a court of first instance and a court of appeal. [36], Following a conviction under solemn proceedings in a sheriff court, Section 195 of the Criminal Procedure (Scotland) Act 1995 allows a sheriff to remit the case to the High Court for sentencing, should the sheriff believes their powers of sentencing to be inadequate for the crime committed. Precognition information gives much fuller personal information about the accused as shown in the equivalent AD14 entry for 'John Donaldson'. During the period when the office of Lord Justice-General was held by noblemen the Lord Justice-Clerk was virtual head of the Justiciary Court. Further stating that the preference would be to allocate business to temporary judges who were already, had previously been, a judicial office holder (namely, sheriff principal or sheriff); as opposed to using temporary judges who were practising advocates or solicitor-advocates. The Lord Justice Clerk will sit as chairperson in the Court of Criminal Appeal. The staff in the section also deal with a range of queries whether by post, telephone or from persons attending at the public counter. [15] [25] The High Court, as a collegiate court, has the ability to convene a bench of greater numbers of Lords Commissioners of Justiciary to overturn decisions and precedent established by previous appeals. Search by entering the name of the accused in the 'Any Text' field, and the series reference of the minute book in the 'RefNo' field, for example 'JC8'. The High Court of Justiciary Court of Session Sheriff courts Justice of the peace courts The Office of the Public Guardian and Accountant of Court Services After a crime: your rights Your rights as a victim or witness of crime - includes information on the Victims' Code for Scotland and the Standards of Service for victims and witnesses. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. For more serious offences such as murder or culpable homicide, victim details have been abstracted in most cases. As part of a cross-check, it is therefore worthwhile searching under the name of the accused and the minute book series reference. Aboukir. Closely linked to the work of the Supreme Courts and the building itself are the Faculty of Advocates and the libraries of the Writers to the Signet and the Society of Solicitors in the Supreme Courts. When searching for an accused person, it is best to narrow your search to the relevant record group by typing 'AD14', 'AD15'or 'JC26' as a reference in the Reference field of the search page. Any trial, which has neither surviving precognition nor case papers will be linked to its relevant minute book entry to ensure that the details of the case are not lost to researchers. Situated on the easternmost section of the Lawnmarket in Edinburgh, on the corner of Bank Street, is an ashlar-fronted Neo-Georgian building which serves as the principal location and administrative offices for the High Court of Justiciary.This is Scotland's supreme criminal court, serving both as a focus for serious criminal trials and appeals. [33] However, a person could be bailed when accused of these of crimes on application of the Lord Advocate or by a decision of the High Court itself. The government can use information in court.. Devolution issues are concerned with the legislative competence of the Scottish Parliament and the executive functions of the Scottish Government under the Scotland Act 1998. Advocates once had an exclusive right of audience in the High Court but, since 1990, they share that right with solicitor-advocates. The remaining judges are the Lords Commissioners of Justiciary, who hold office ex officio by virtue of being appointed as Senators of the College of Justice and judges of the Court of Session. A single judge hears cases with a jury of 15 people. Following the Criminal Appeal (Scotland) Act 1926 (16 & 17 Geo. The High Court can give directions which set out the law for future, similar cases. [64], Section 123 of Courts Reform (Scotland) Act 2014 allows the Lord Justice General to appoint former senators, and former Justices of the Supreme Court of the United Kingdom, to the High Court provided they are under 75 years of age. Theft. The Justiciary Office provides the administrative services for the High Court of Justiciary and the Court of Criminal Appeal. There are a number of local cafes and restaurants near to the court building. (Reform) (Scotland) Act 2007, Scottish Criminal Cases Review Commission, Article 6 of the European Convention on Human Rights, former Justices of the Supreme Court of the United Kingdom, The Maximum Number of Judges (Scotland) Order 2022, "The Union of 1707 and its Impact on Scots Law", "Judges' Salary (Scotland) Hansard, 6 May 1834)", "Scots get tartans in a twist about SCUK", "The Appellate Jurisdiction of the House of Lords", "The Scottish Criminal Justice System:The Criminal Courts", "Devolution Jurisdiction | Practice direction 10 - The Supreme Court", "The curtailment of criminal appeals to London: The Journal Online", "Devolution acts and issues of the Lord Advocate", "The Jurisdiction of the Supreme Court of the United Kingdom in Scottish Appeals: Human rights, the Scotland Act 2012 and the Courts Reform (Scotland) Act 2014", "The not proven verdict and related reforms: consultation", "Future of not proven verdict under consultation", "Government launches consultation on the future of not proven verdict", "Bills for Criminal Letters - Judgments & Sentences - Judiciary of Scotland", "Sheriffs - Judicial Office Holders - About the Judiciary - Judiciary of Scotland", "Scotland Bill will support human rights role of Supreme Court - GOV.UK", "House of Lords Library Note | Scotland Bill (HL Bill 79 of 201012)", "Role of the Judicial Committee of the Privy Council", "Minutes | 8 February 2016 | Criminal Courts Rules Council", "Minutes | 17 October 2001 | Criminal Courts Rules Council", Act of Adjournal (Amendment of Criminal Procedure (Scotland) Act 1995) (Refixing diets) 2011, "Section 26 of Judicial Pensions and Retirement Act 1993", "Section 2, Paragraph 1, Judiciary and Courts (Scotland) Act 2008", "Senators of the College of Justice - Judicial Office Holders - About the Judiciary - Judiciary of Scotland", "Eligibility for Judicial Appointment | Judicial Appointments Board for Scotland", "Sections 9 to 18, Judiciary and Courts (Scotland) Act 2008", "Law Reform (Miscellaneous Provisions) (Scotland) Act 1990", "Guidelines for the Use of Temporary Judges - Issued by the Lord President", "Chapter 5 of Judiciary and Courts (Scotland) Act 2008", "Director and Principal Clerk of Session and Justiciary", https://en.wikipedia.org/w/index.php?title=High_Court_of_Justiciary&oldid=1129914933, This page was last edited on 27 December 2022, at 18:44. Lillias Alexander. The High Court had full authority to determine contempt of court relating to the proceedings. The medieval Justiciar (royal judge) took its name from the justices who originally travelled around Scotland hearing cases on circuit or 'ayre'. Recent reforms to civil and criminal procedures have encouraged judges to take a proactive role in the disposal of business. [18], Following the conviction, which was upheld on appeal of Abdelbaset al-Megrahi, the Scottish Court in the Netherlands ceased to sit. Written decisions will usually be provided when a case involves: When decisions are given in writing, they are published, ordered by the date of publication. [4][5], The King of Scots sometimes sat in judgment of cases in the early King's Court, and it appears that appeals could be taken from the King's Court to the Parliament of Scotland in civil cases but not in criminal ones. The jurisdiction of the Supreme Courts extends to the whole of Scotland. Isla Bryson, who went by his birth name Adam Graham until after his first court appearance in 2020, was convicted by the Glasgow High Court in . High Court High Court Opinions Most decisions are given verbally by judges in court. A Scottish man who identified as transgender after being charged with raping two women has been jailed for eight years for the crimes. 2013/119. December 4, 22*, 25, 26. The supremacy of the High Court was affirmed by Section 124 of the Criminal Procedure (Scotland) Act 1995, which stated: every interlocutor and sentence pronounced by the High Court under this Part of this Act shall be final and conclusive and not subject to review by any court whatsoever Scottish devolution and the establishment of the Scottish Parliament by the Scotland Act 1998 introduced the right to refer points of law to the Judicial Committee of the Privy Council. The National Records of Scotland (NRS) have catalogued and indexed all criminal trials held in the High Court of Justiciary between the years 1800 and 1994. The offices are situated within. High Court trials are heard before a judge sitting with a jury (15 persons) and are known as 'solemn trials'. (FS Library book 941 B4sr vol. What are synonyms for High Court of Justiciary? The oldest part of the complex was home to the Parliament of Scotland from 1639 to 1707, and is the world's first purpose-built parliament building. During the first half of that century many convictions for such offences ended with a sentence of transportation. Parliament House is a complex of several buildings housing the Supreme Courts where, in 2012, a thirteen year programme of refurbishment was completed. 41that it had no jurisdiction over criminal appeals, as it had inherited the power of the Parliament of Scotland to hear civil appeals, but that the pre-union Parliament did not have any jurisdiction to hear criminal appeals. This service is NOT available during actual court proceedings. From 1672 to 1887, the High Court consisted of the Lord Justice General, Lord Justice Clerk, and five Lords of Session. However, Scullion identified that it was only in the latter half of the 20th century that the judgments of the High Court were directly influenced by English decisions and precedent.[8]. All the data within it are included in the online catalogue on this website. Parliament House, [55], The court is a unitary collegiate court, with all judges other than the Lord Justice General and the Lord Justice Clerk holding the same rank and title: Lord Commissioner of Justiciary. Lizenzfrei (RF) und lizenzpflichtig (RM) erhltlich. The president of the High Court is the Lord Justice General, who holds office ex officio by virtue of being Lord President of the Court of Session, and his depute is the Lord Justice Clerk. It is possible, although extremely rare, for a private prosecution to be brought. There is a direct airport bus which arrives at Waverley Bridge. The High Court of Justiciary is the supreme criminal court in Scotland. Cases can be remitted to the High Court by the sheriff courts after conviction for sentencing, where a sheriff believes that their sentencing powers are inadequate. 2032. For more information see the contactSCOTLAND website. For the most serious criminal cases two groups of records usually survive. Book excerpt: As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. View history The Justiciary Buildings is a judicial complex in the Saltmarket in Glasgow, Scotland. Share to Facebook. david hume, one of the barons of the court of exchequer, in scotland, late professor of scots law, in the university of edinburgh, and author of commentaries on the criminal law, &c. &c. this third volume of a collection of the most ancient trials, now on record, before the high court of justiciary, is, with every sentiment of esteem and respect, dedicated by . England and Wales High Court (King's Bench Division) Decisions England and Wales High Court (Technology and Construction Court) Decisions England and Wales High Court (Senior Courts Costs Office) Decisions English and Welsh Courts - Miscellaneous England and Wales Patents County Court Scottish Court of Session Decisions However, the two bodies were legally and constitutionally separate. This extensive cataloguing work has now made it easy to search for the trials between the years 1800 and 1930 online. The Criminal Appeals section processes all appeals in solemn cases - the procedure where during a trial the presiding judge sits with a jury. There is a taxi rank nearby outside the Radisson Blu Hotel on the High Street. Since. September 18 [43] The Scotland Act 2012 modified provisions around devolution issues by no longer rendering null and void those actions of the Lord Advocate that were incompatible with the European Convention, but still allowing a right to appeal against those actions on grounds of incompatibility. As of April2017[update] the Principal Clerk was Graeme Marwick, who was also Director of the Scottish Courts and Tribunals Service. Section 105 was last relevantly amended by S.S.I. Previously the Lord Justice General had appointed deputes to preside in the court. There are no limits on the length of prison sentence or the fine the High Court can impose. The Justiciar normally appointed several deputes to assist in the administration of justice, and to preside in his absence. ISBN: 9781275558045 Antonyms for High Court of Justiciary. As a court of first instance trials are usually heard with a jury of 15 and a single Lord Commissioner of Justiciary; the jury can convict on a majority verdict. The High Court of Justice in London, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. On arrival, please report to High Court at the Lawnmarket. Cas. [31][32], Bail can be granted by the High Court to any accused person and "bail is to be granted to an accused person except where there is good reason for refusing bail." High Court of Justiciary (reference JC) The principal source for information on crime and criminals is the records of the High Court of Justiciary, Scotland's supreme criminal. The structure, which operates in conjunction with similar facilities in Glasgow and Aberdeen, is dedicated for the use of the High Court of Justiciary, which is the supreme criminal court in Scotland. Many precognitions and trial papers did not survive, therefore searching under the above parameters may fail to glean any results. [48], The High Court of Justiciary as a Court, or the Lord Justice General, Lord Justice Clerk and Lords Commissioners of Justiciary as a body, have the power to regulate criminal procedure in the criminal courts in Scotland: regulations can be made for the High Court, sheriff courts (summary and solemn procedures), and the justice of the peace courts. Edinburgh, [15][16] Such referrals are made to the Supreme Court of the United Kingdom under Schedule 6 of the Scotland Act 1998 or Section 288A of the Criminal Procedure (Scotland) Act 1995. File picture: Ian Georgeson John Gallagher, 50, preyed on the male, who cannot be named for legal reasons, at a home in Blackridge, West Lothian, in November 2014. The Justiciary Building is a judicial structure in the Lawnmarket in Glasgow, Scotland. high court of justiciary, edinburgh. For more information about images of trial documents linked to this database see the paragraph on Viewing the documents, which is below. All Scotland Personal Injury Court. The order empowered the Lord Justice Clerk to appoint three Lords Commissioners of Justiciary to sit as bench trial as both trier of fact and for determining any points of law. High Court of Justiciary: Report of the trial of Madeleine Smith : before the High Court of Justiciary at Edinburgh, June 30th to July 9th, 1857, for the alleged poisoning of Pierre mile l'Angelier / (Edinburgh : T. & T. Clark, 1857), also by Alexander Forbes Irvine (page images at HathiTrust) [2] A sheriff in solemn proceedings can impose a maximum sentence of up to 5 years imprisonment or an unlimited fine, and the High Court can impose a life sentence (unless a lesser maximum sentence is prescribed by statute) as well as an unlimited fine. Such a decision is made by the High Court on its own initiative. [1] History [ edit] For more information about the precognitions, trial papers and minute book images, and ordering copies contact the Historical Search Room. The Lord Justice General will sit as chairperson in the Court of Criminal Appeal. The High Court of Justiciary sits as an appeal court in Edinburgh. Before The Circuit Court Of Justiciary Held At Inveraray Bok av Stewart James Stewart The 18th century was a wealth of knowledge, exploration and rapidly growing technology and expanding record-keeping made possible by advances in the printing press. Jurors (General enquiries, requests for excusal) 0131 240 6946. [65], The Lord Justice General, Lord Justice Clerk and the Lords Commissioners of Justiciary can only be removed office after a tribunal has been convened to examine their fitness for office. Written decisions will usually be provided when a case involves: a matter of principle a particular point. [26][27][28] If eight jurors cannot agree on an accused's guilt or on an alternative verdict, then the accused will be acquitted. Lord Gill's guidance allows for such judges to be allocated to any first instance business of the High Court, but requires the approval of the Lord Justice General for their deployment in the Appeal Court. Such temporary judges are appointed for a period of 5 years. The court sits permanently in Edinburgh and travels on circuit around Scotland. [54], Temporary judges can also be appointed by the Scottish Ministers provided that person would also be eligible for appointment as permanent judge of the High Court. The nearest train station is Waverley Station, approximately a ten minute walk. The tenure of such appointments is determined by the Lord Justice General.[64]. Visit ScotRail or National Rail Enquiries for train times. The High Court of Justiciary was created in its current form in 1672. Parliament House is a complex of several. And on the 18th of December 1809, Alexander Campbell for robbery (sentenced 7/2/1810) Reprieved 7. Edinburgh High Court Contact Details (address, email, telephone, fax, DX and map of location), Court Cases (Edinburgh High Court Daily hearings list & archive of case hearings) & Criminal Court Case Records . [50] The Act of Adjournal amended the 1995 Act by adding Sections 75C and 137ZB to enable the court to discharge, vary and change the diet (sittings) of a case. GLOVER VERSUS SYME EVIDENCE FOR THE PROSECUTION. The High Court can then make a determination on that issue, or it can refer the matter to the Supreme Court of the United Kingdom. And on the 18th of December, Alexander Campbell for robbery (sentenced 7/2/1810) Reprieved 7. Where leave to appeal is granted, the section assign cases to the appropriate Court and eventually send details of the outcome to the prison service, police records office and the lower court. [17], Legal effect was given to the treaty in the United Kingdom by the High Court of Justiciary Order 1998, an Order in Council. Additionally, theLord Advocatemay refer to the High Court a point of law which arises in the course of a case for an Opinion. This contains references to related record material such as precognitions (in the case of JC26 papers) or case papers (in the case of the precognitions). Clicking on the 'Details' link will give you this page: A database, known as the Solemn Database, exists as a separate search tool in the Historical Search Room. [34] The Criminal Proceedings etc. Edinburgh High Court of Justiciary in the Lawnmarket on the Royal Mile. The staff within this section also process bail appeals from the Sheriff and District Courts throughout Scotland. 1828. First Instance The last trial date containing victim information is for the year 1905. 1828, for the murder of Margery Campbell, or Docherty Item Preview remove-circle Share or Embed This Item. The High Court of Justiciary and Court of Session, collectively known as the Supreme Courts of Scotland, are situated in a central location in the Old Town of Edinburgh. [2]:Section 305 Schedule 6 of the Scotland Act 1998 also grants that Acts of Adjournal can be used to regulate the procedure for referring a question of law relating to a devolution issue to either the High Court or the Supreme Court of the United Kingdom. Lord Gill, Lord Justice General from 20122015, issued guidance in 2013 on the use temporary judges which stipulated that: Temporary judges will be used only where there are, for reasons of a temporary nature, an insufficient number of permanent judges to meet the demands of business and the Lord President has approved their use. If you intend to visit in person, read advice about obtaining a reader's ticket and visiting the NRS search rooms. Inland Revenue Survey Maps and Field Books, index to legal terms and offences libelled. If leave to appeal is refused it sends details of the outcome to the prison service, police records office and the lower court and issues any warrant to the appropriate authorities. [30] A private prosecution can be brought before the High Court, but this is very rare and difficult as it requires the concurrence of the Lord Advocate and for the High Court to issue a bill for criminal letters.