Legal Definitions - leviora delicta

leviora delicta

In Scots law, leviora delicta refers to less serious criminal offenses. These are typically minor crimes that can be dealt with quickly and efficiently through a simplified legal process, often without a jury. This process is known as a "summary trial," where a judge or magistrate hears the case and makes a decision, usually resulting in less severe penalties compared to more serious crimes.

• Example 1: Minor Shoplifting

  Imagine someone is caught taking a low-value item, like a chocolate bar, from a supermarket without paying. This act of petty theft would likely be classified as a leviora delicta. Instead of a lengthy and resource-intensive jury trial, the case would be heard summarily by a Sheriff (a judge in Scotland) in a Sheriff Court. The Sheriff would consider the evidence and decide on a suitable penalty, such as a fine or a community payback order, reflecting the less serious nature of the crime.

• Example 2: Minor Vandalism

  Consider a situation where an individual uses chalk to draw on a public building, causing temporary and easily removable defacement. While still an offense, this act of minor vandalism would be considered a leviora delicta. It would typically be prosecuted through a summary procedure, allowing a judge to quickly address the incident and impose a penalty, such as a fine or an order to clean the defacement, without the need for a full-scale trial that would be reserved for more significant criminal damage.

• Example 3: Disorderly Conduct

  Suppose an individual is found shouting loudly and causing a disturbance in a public park late at night, refusing to leave when asked, but without any violence or threats. This type of disruptive but non-violent behavior would fall under leviora delicta. It's a public order offense that, while requiring legal intervention, is not serious enough to warrant a complex, lengthy trial. A summary trial would allow a judge to quickly assess the situation and impose an appropriate penalty, such as a fine, to maintain public order.