The Jury Retire - to consider their verdict

The jurors retire to consider their verdict - which can be guilty or not guilty or not proven (in a criminal case).

Depending on the space available the jury can go to another room, or the corridor, or simply sit where they are to discuss things.

Once the Jurors have retired to consider their verdict,

The Court Officer

says

"Court rise"

and escorts the Sheriff back to his or her chambers / other part of the room.

The Verdict

When the jury have reached their verdict they let the Clerk of know that they are ready to announce it.

The Court Officer

brings the Sheriff back on to the bench - saying

"Court rise".

The Jurors return to Court.

The Clerk of Court

then ask

"Ladies and Gentlemen of the Jury - who speaks for you?"

The appointed spokesperson

for the jury says

"I do".

The Clerk of Court

then says

"What is your verdict on the charge against the accused"?

13.5 Depending on what the jury decided, the jury spokesperson

says

"Guilty" or

"Not guilty" or

"Not Proven"

13.6 The Clerk of court

then asks

"Was your decision unanimous or by majority".

13.7 The jury spokesperson says as appropriate

"Unanimous" or

"By majority"

The Clerk of Court

records the verdict in writing and then reads it back to the jury asking them

"Ladies and Gentlemen - is that a correct record of your verdict"?

The jurors indicate whether it is a correct record of their verdict.

(i) If the accused is acquitted

13.9 the Sheriff

says

"Goldilocks, you are free to go."

(i) If the verdict is "guilty"

13.10 If the accused is found guilty the prosecutor normally says

"I move for sentence"

and then tells the court whether the accused has any previous convictions and whether and for how long he has been in custody prior to trial.

Plea in Mitigation and Sentence

If the verdict is "guilty" the Sheriff then listens to what the defence has to say on the accused's behalf in mitigation of sentence.

The Sheriff then sentences the accused in the way he/she considers most appropriate.

Depending on the circumstances the Sheriff's options might include: -

· imprisonment (or detention if under 21),

· community service,

· probation,

· deferred sentence,

· a fine,

· a compensation order,

· an admonition, or

· an absolute discharge.

The Sheriff

may say

“I am going to call for a Social Enquiry Report and a Community Service Assessment. The case will be adjourned for three weeks."

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