Courts

Focusing on the rules of criminal procedure to gain an insight into court processes may give the impression of an ordered system, with rules which govern time limits, procedures, and evidence. The court process is concerned with establishing the guilt or innocence of an accused, in respect of the charges brought by the procurator fiscal, and consequently punishing or releasing the accused. This process is based on an adversarial system, which involves representations of reality being presented to the court and the judge or jury choosing between them. The court process is an alien environment to most accused. The trial is constructed around the legal rules of evidence and procedure, which tend to only be known by legally qualified personnel, and this formal set of rules is supplemented by wide ranging discretion. The criminal trial is to assess whether the prosecution have proved beyond reasonable doubt that the accused committed the offence charged.