The Hearing Before Herod (23:8-12).
In a few rapid strokes Luke brilliantly brings out what the hearing before Herod involved. Rather than being concerned about the rights and wrongs of the matter Herod is depicted as being more interested in getting Jesus to perform some wonders before him, than in arriving at a conclusion. Thus his questioning was apparently on a superficial scale, rather than a genuine attempt to arrive at the truth. Jesus in return knew exactly what was going on and treated him with contemptuous silence, and said nothing. He was not there to provide a spectacle, nor to perform wonders at Herod's whim. (Had Luke just invented this hearing for the reasons suggested by some he would have made it very different)
The mention of the Scribes is significant. They had been irrelevant to Pilate, but they hoped to have greater influence on Herod. He was after all a half-Jew. He would be more likely, they hoped, to listen if they were present. But they did not really know their man.
Analysis.
a Now when Herod saw Jesus, he was very, very glad, for he had for a long time been desirous to see Him, because he had heard things about Him, and he hoped to see some miracle done by Him (Luke 23:8).
b And he questioned Him in many words, but He answered him nothing (Luke 23:9).
c And the chief priests and the scribes stood, vehemently accusing him (Luke 23:10).
b And Herod with his soldiers set him at nought, and mocked him, and arraying him in gorgeous apparel sent him back to Pilate (Luke 23:11).
a And Herod and Pilate became friends with each other that very day, for before they were at enmity between themselves (Luke 23:12).
Note that in ‘a' Herod was delighted to see Jesus because he hoped that He would perform a miracle in front of him, and in the parallel a ‘miracle' was performed because Pilate and Herod became friendly. In ‘b' Jesus treated Herod and His accusers with disdain, and in the parallel He is in turn treated with disdain. Centrally in ‘c' are the chief priests and scribes trying desperately to have Him accused. Here Luke is bringing out who is really to blame for all this.