The accused's first appearance in court
When an accused person is charged with murder or culpable homicide their first appearance in court will be in private. This is called "appearing on petition" and it will take place in the Sheriff court in the area where the crime was committed. The Judge in this court is called a Sheriff.
At this first appearance, the solicitor for the accused will usually state that the accused "makes no plea or declaration". The Procurator Fiscal (PF) will normally then ask the Sheriff to "commit the accused for further examination" and for the accused to be remanded in custody (kept in prison or a young offenders institution).
If bail is not granted at the first appearance before the Sheriff, the accused will be remanded in custody and must be brought back to court between 7 and 11 days later to be "fully committed" for trial. This hearing is also in private.
The accused's next appearance will be at a preliminary hearing in the High Court. This must be within 110 days of "full committal". The trial must begin within 140 days.
The time limits of 110 days, 140 days and 12 months can be extended by the court.
At the preliminary hearing, the prosecution and the defence will tell the Judge whether they are ready for the case to go to trial. If they are, the court will set a date for the trial. If they are not ready, the case will be "continued". Another date will then be set to find out if the prosecution and defence are ready to go to trial. The trial date will only be set once both parties are fully prepared.
Preliminary hearings are held in public.
The accused can plead guilty at the preliminary hearing.
http://www.gov.scot/Publications/2013/03/2510/6
