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Fiscal Fine
A fiscal fine (formally a fixed penalty conditional offer) is a form of deferred prosecution agreement in Scotland issued by a procurator fiscal for certain summary offences as an alternative to prosecution. Alternatives to prosecution are called direct measures in Scotland. Fiscal fines can vary between £50 and £300, but a compensation offer may be issued either separately or additionally with similar effect but with payment going to the victim of crime: these can be of any amount not exceeding £5,000. Whilst not being recorded as a conviction or formal admission of guilt, the payment of a fiscal fine can be revealed in certain circumstances, including a requirement by the General Medical Council for disclosure. The power to issue fiscal fines is conferred by section 302 of the Criminal Procedure (Scotland) Act 1995 as amended by section 50 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. Background Fiscal fines were introduced in Scotland by section 56 of th ...
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Deferred Prosecution Agreement
A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. A case of corporate fraud, for instance, might be settled by means of a deferred-prosecution agreement in which the defendant agrees to pay fines, implement corporate reforms, and fully cooperate with the investigation. Fulfillment of the specified requirements will then result in dismissal of the charges. United States Since 1999, the United States Department of Justice (DOJ) has set forth guidelines concerning the prosecution of business organizations and corporations. The United States Attorneys' Manual (USAM) of the DOJ allows consideration of non-prosecution or deferred prosecution of corporate criminal offenses because of collateral consequences and discusses plea agreements, deferred prosecution agreements, and non- ...
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Summary Offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (which includes all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some ...
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General Medical Council
The General Medical Council (GMC) is a public body that maintains the official register of medical practitioners within the United Kingdom. Its chief responsibility is to "protect, promote and maintain the health and safety of the public" by controlling entry to the register, and suspending or removing members when necessary. It also sets the standards for medical schools in the UK. Membership of the register confers substantial privileges under Part VI of the Medical Act 1983. It is a criminal offence to make a false claim of membership. The GMC is supported by fees paid by its members, and it became a registered charity in 2001. History The Medical Act 1858 established the General Council of Medical Education and Registration of the United Kingdom as a statutory body. Initially its members were elected by the members of the profession, and enjoyed widespread confidence from the profession. Purpose All the GMC's functions derive from a statutory requirement for the establi ...
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Sheriff Principal
In Scotland a sheriff principal (''pl''. sheriffs principal) is a judge in charge of a sheriffdom with judicial, quasi-judicial, and administrative responsibilities. Sheriffs principal have been part of the judiciary of Scotland since the 11th century. Sheriffs principal were originally appointed by the monarch of Scotland, and evolved into a heritable jurisdiction before appointment was again vested in the Crown and the monarch of the United Kingdom following the passage of the Heritable Jurisdictions (Scotland) Act 1746. Under the Sheriff Courts (Scotland) Act 1971 (as amended), each sheriff principal is appointed by the monarch of the United Kingdom on the advice of the First Minister of Scotland, who is advised by the Judicial Appointments Board for Scotland. As of May 2017 there were six sheriffs principal, each of whom has responsibility not only as a judge, but for the administration of justice in their respective sheriffdoms. Sheriffs principal have to ensure the effectiv ...
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The Scotsman
''The Scotsman'' is a Scottish compact newspaper and daily news website headquartered in Edinburgh. First established as a radical political paper in 1817, it began daily publication in 1855 and remained a broadsheet until August 2004. Its parent company, JPIMedia, also publishes the ''Edinburgh Evening News''. It had an audited print circulation of 16,349 for July to December 2018. Its website, Scotsman.com, had an average of 138,000 unique visitors a day as of 2017. The title celebrated its bicentenary on 25 January 2017. History ''The Scotsman'' was launched in 1817 as a liberal weekly newspaper by lawyer William Ritchie and customs official Charles Maclaren in response to the "unblushing subservience" of competing newspapers to the Edinburgh establishment. The paper was pledged to "impartiality, firmness and independence". After the abolition of newspaper stamp tax in Scotland in 1855, ''The Scotsman'' was relaunched as a daily newspaper priced at 1d and a circul ...
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Crown Office
The Crown Office, also known (especially in official papers) as the Crown Office in Chancery, is a section of the Ministry of Justice (formerly the Lord Chancellor's Department). It has custody of the Great Seal of the Realm, and has certain administrative functions in connection with the courts and the judicial process, as well as functions relating to the electoral process for House of Commons elections, to the keeping of the Roll of the Peerage, and to the preparation of royal documents such as warrants required to pass under the royal sign-manual, fiats, letters patent, etc. In legal documents, the Crown Office refers to the office of the Clerk of the Crown in Chancery. The Crown Office employees consist of the Head of the Crown Office, one sealer and two scribes. Responsibilities Warrants, patents and charters All formal royal documents (such as warrants to be signed by the Monarch; letters patent, both those that are signed by the sovereign and those that are approve ...
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Assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from batte ...
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Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood. The Parliament is a democratically elected body comprising 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the additional member system: 73 MSPs represent individual geographical constituencies elected by the plurality (first-past-the-post) system, while a further 56 are returned as list members from eight additional member regions. Each region elects seven party-list MSPs. Each region elects 15 to 17 MSPs in total. The most recent general election to the Parliament was held on 6 May 2021, with the Scottish National Party winning a plurality. The original Parliament of Scotland was the national legislature of the independent Kingdom of Scotland and existed from the early 13th centur ...
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