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10 unusual facts about High Court of Justiciary


Andrew Hardie, Baron Hardie

The trial itself was held in a special sitting of the High Court of Justiciary, sitting as the Scottish Court in the Netherlands, at Camp Zeist, a former US Air Force base in Utrecht, Netherlands.

Baillie of Jerviswood

On 23 December 1684, he was brought up again before the High Court on the charge of treason.

Children's Hearing

Any child generally under the age of 16, or under the age of 18 but still subject to a Compulsory Supervision Order (CSO), who offends is referred to a hearing unless the area Procurator Fiscal decides that the seriousness of the case merits prosecution in either the Sheriff Court or High Court of Justiciary.

Declaration of incompatibility

In Scotland, in addition to the Supreme Court, the Court of Session and the High Court of Justiciary are also able to issue declarations of incompatibility.

Derek Emslie, Lord Kingarth

Derek Robert Alexander Emslie, Lord Kingarth QC (born 21 June 1949) is a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session.

He served from 1979 to 1987 as Standing Junior Counsel (legal advisor appointed by the Lord Advocate) to the Department of Health and Social Security, and from 1985 to 1988 as an Advocate Depute, representing the Crown in prosecutions and appeals in the High Court.

Grand jury

The court consisted of three judges from the High Court of Justiciary (Scotland's highest criminal court), of whom Tinwald (Justice Clerk) was elected preses (presiding member).

High Court of Justiciary

William Roughead, between 1889 and 1949 attended every murder trial of significance held in the Court.

Preliminary hearing

In Scotland, a Preliminary Hearing is a non-evidential diet in cases to be tried before the High Court of Justiciary.

Shirley McKie

However in May 1999, the Scottish jury at the High Court of Justiciary rejected the SCRO's fingerprint evidence and McKie was unanimously found not guilty of perjury.


Iain Peebles, Lord Bannatyne

Iain Alexander Scott Peebles, Lord Bannatyne is a Senator of the College of Justice, a judge of the High Court of Justiciary and Court of Session in Scotland.