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Pre-trial Rights Of The Accused In Scots Law
The legal system in Scotland grants certain rights to persons accused in criminal proceedings. Right to retain a personal copy of the complaint document At all times the accused has the right to retain a copy of the complaint document. The complaint document is marked CITATION and is sent out by the procurator fiscal, the Scottish body responsible for prosecutions. Right to request precognition interviews of prosecution witnesses The purpose of a precognition interview is to establish what a witness will say in response to prosecution and defence questions at trial. The accused may request for Police Scotland officers to be precognised.Police Scotland:Police Officer Precognitions at official website. Accessed 16 August 2015 Right to request precognit ...
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Citation Crown Witness Statements Precognition Interview
A citation is a reference to a source. More precisely, a citation is an abbreviated alphanumeric expression embedded in the body of an intellectual work that denotes an entry in the bibliographic references section of the work for the purpose of acknowledging the relevance of the works of others to the topic of discussion at the spot where the citation appears. Generally, the combination of both the in-body citation and the bibliographic entry constitutes what is commonly thought of as a citation (whereas bibliographic entries by themselves are not). Citations have several important purposes. While their uses for upholding intellectual honesty and bolstering claims are typically foregrounded in teaching materials and style guides (e.g.,), correct attribution of insights to previous sources is just one of these purposes. Linguistic analysis of citation-practices has indicated that they also serve critical roles in orchestrating the state of knowledge on a particular topic, identi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural And Legal Rights
Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental rights, fundamental'' and ''inalienable'' (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights. * Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great and his pupil Thomas Aquinas. During the Age of Enlightenment, the concept of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precognition (Scots Law)
Precognition in Scots law is the practice of precognoscing a witness, that is the taking of a factual statement from witnesses by both prosecution and defence after indictment or claim but before trial. This is often undertaken by trainee lawyers or precognition officers employed by firms; anecdotal evidence suggests many of these are former police officers. This procedure is followed in both civil and criminal causes. The subsequent statement is generally inadmissible as evidence in the trial, but it allows the procurator fiscal, advocate or solicitor in Scotland to appear before the Courts of Scotland knowing what evidence each witness is likely to present. Following the judgement of the Appeal Court in ''Beurskens v HM Advocate'' 014HCJAC 99 it is possible for a precognition to be considered as a statement, and thus be admissible as evidence in court. Historically precognitions were not only a distinctive feature of Scottish criminal procedure, but vital to the defenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corroboration In Scots Law
The importance of corroboration is unique to Scots criminal law. A long-standing feature of Scots law, the requirement for corroborating evidence means at least two independent sources of evidence are required in support of each crucial fact before an accused can be convicted of a crime. This means, for example, that an admission of guilt by the accused is insufficient evidence to convict in Scotland, because that evidence needs to be corroborated by another source. History Corroboration had, in some way, already been established by the time the earliest Institutional Writers had begun to illustrate Scots criminal law. MacKenzie described the ‘singularity’ of witnesses, and their ‘contrariety’, as insufficient proof – subsequently repeated by Hume, ‘...no one shall in any case be convicted on the testimony of a single witness’. A similar statement appears in Alison. Corroboration also has origins in Roman law. The Code of Justinian read, ‘We plainly order tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moorov V HM Advocate
''Moorov (Samuel) v HM Advocate'' (1930 J.C. 68, 1930 S.L.T. 596)(additional citation 1930 J.C. 68) is a famous case in Scots criminal law based on criminal evidence and the admissibility of similar fact evidence. The case established a precedent named the Moorov doctrine.{{cite web, last=Moorov, first=Samuel, title=Moorov V HMA 1930, url=http://login.westlaw.co.uk/maf/wluk/app/document?src=doc&linktype=ref&context=29&crumb-action=replace&docguid=I050EC610E42811DA8FC2A0F0355337E9, publisher=Westlaw, accessdate=22 April 2014 The Moorov doctrine The essential facts of the case are where the accused was an employer who had allegedly committed a string of sexual offences regarding 19 of his female employees over the period of four years, with a total of 21 counts. There was corroboration of evidence available for 3 counts. This case brought light on the original course of similar fact evidence which was generally regarded as inadmissible in court. It created a "course of conduct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cadder V HM Advocate
''Cadder v HM Advocate'' 010UKSC 43 (26 October 2010) is a decision in which the Supreme Court of the United Kingdom held that the way in which police in Scotland detained suspects was not compatible with the European Convention on Human Rights and was therefore unlawful in terms of the Scotland Act 1998. Background Peter Cadder was convicted at Glasgow Sheriff Court of assault and breach of the peace on 29 May 2009, following an incident in May 2007, at which time he was a minor. Cadder had been detained under section 14(1) of the Criminal Procedure (Scotland) Act 1995 and interviewed by two officers from Strathclyde Police at London Road Police Office in Glasgow. In August 2008 an identity parade was held at which the complainer, John Tacey, was unable to identify anyone. In the subsequent court case the Crown relied upon evidence obtained within Cadder's police interview to help to prove their case. Judgment Court of Appeal Cadder attempted to lodge an appeal in the Cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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