The Scottish court system structure has historically been different from, and separate to, the institutions of England and Wales.
When the Act of Union took place in 1707, the Scottish legal and criminal justice systems remained separate from England.
Since then, Scotland has generally continued to maintain its own systems, overseen by Scottish institutions.
Historic records from Scotland’s justice system now survive in different online collections.
If your ancestors were among Scotland’s poor, they might well have been driven to crime to survive at some point.
You can use these websites to help find them:
Family historians can’t afford to miss the National Records of Scotland (NRS) guide. It looks at both institutions, such as the burgh courts, High Court of Justiciary and sheriff courts, and individual criminals. It also explores transportation – only prisoners who had been tried at the High Court of Justiciary could be sentenced to be transported. In addition the guide details the different record sets that you can consult at the NRS building in Edinburgh. You can locate records using the NRS online catalogue.
Ancestry has several record sets relating to Fife, drawn from Fife Archives. You can search criminal registers covering 1910-1931; the register from 1912 to 1923 includes photographs.
Findmypast has the Scotland Prison Registers Index 1828-1884, taken from records at the NRS. Transcripts offer details such as name, age, birth year, birth county/country, occupation, residence, crime, prison (and prison location), archive and archive reference. To get the full record after locating an individual in the index, you would need to go to the NRS. You can also order a full transcription, for a fee, from Scottish Indexes.
TheGenealogist has a good collection of transportation records, drawn from the series HO10 and HO11 at The National Archives. The List of Convicts in Tasmania, from HO11, has several entries relating to Scottish criminals who were transported to Australia. One of them, Ann Bryan, was convicted in Scotland and received a life sentence in 1817. These records can help tell you when your ancestors were sentenced and transported; what ship they were transported on; when they arrived in Australia; and when their sentence expired.
Glasgow City Archives, at the Mitchell, includes several police records, such as Glasgow Police Court books for the early 19th century (B3/1/1/ 1–10) and circuit-court indictments for 1896– 1977 (SR22/53/2–3), although many records only survive for a limited period (for example the Dunbartonshire Constabulary criminal photographs register, which covers 1903–1914). Unfortunately the Glasgow records have not been digitised or indexed, so you will need to visit the Mitchell and be prepared to spend time going through the material to find the information that you need. The library has created an informative guide to Glasgow criminal records.