|
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] |
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] |
Discovery (law)
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. They strongly resembled modern requests for admissions, in that the defen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fine (penalty)
A fine or mulct (the latter synonym typically used in civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other offense. The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement of a claim. One common example of a fine is money paid for violations of traffic laws. Currently in English common law, relatively small fines are used either in place of or alongside community service orders for low-level criminal offences. Larger fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a considerable amount of retribution is necessary, but there is unlikely to be significant danger to the public. For instance, fraud is often punished by very large fines since fraudsters are typically ban ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge's Chambers
A judge's chambers is the office of a judge, where the judge may hear certain types of cases, instead of in open court. Description A judge's chambers is the office of a judge, where certain types of matters can be heard "in chambers", also known as ''in camera'', rather than in open court. Generally, cases heard in chambers are cases, or parts of cases, in which the public and press are not allowed to observe the procedure.Eugene Ehrlich, ''Amo, Amas, Amat and More'', p. 151. Judge's chambers are often located on upper floors of the courthouse, away from the courtrooms, sometimes in groupings of judge's chambers; however, they may also be directly adjacent to the courtroom to which the judge is assigned. In some jurisdictions, a courtroom, rather than the judge's actual chambers, is used to hear matters "in chambers". Such courtrooms may also be called "chambers". History In English legal history, there was no such statutory sanction for the process before 1821, though the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summons
A summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of government (an ''administrative summons'') for various purposes. Judicial summons A judicial summons is served on a person involved in a legal proceeding. Legal action may be in progress against the person, or the person's presence as witness may be required. In the former case, the summons will typically announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a case has been initiated in the issuing court. In some jurisdictions, it may be drafted in legal English difficult for the layman to understand, while several U.S. states expressly require summonses to be drafted in plain English and that they must start with this phrase: "Notice! You have been sued." The summons announces a dat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure (Scotland) Act 1995
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Office And Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the area procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare. The Service's responsibilities extend to the whole of Scotland, and include: * Investigation and prosecution of criminal offences * Investigation of sudden or suspicious deaths * The investigation and prosecution of criminal conduct by the police * Assessment and possession of bona vacantia * Assessment and possession of treasure trove The Lord Advocate is assisted by the Solicitor General for Scotland, both Law Officers. The day-to-day running of the Service is done by the Crown Agent & Chief Executive and an executi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
MySociety
mySociety is a UK-based registered charity, previously named UK Citizens Online Democracy. It began as a UK-focused organisation with the aim of making online democracy tools for UK citizens. However, those tools were open source, so that the code could be (and soon was) redeployed in other countries. mySociety went on to simplify and internationalise its code and through the now dormant Poplus project, encouraged others to share open source code that would minimise the amount of duplication in civic tech coding. Like many non-profits, mySociety sustains itself with a mixture of grant funding and commercial work, providing software and development services to local government and other organisations. mySociety was founded by Tom Steinberg in September 2003, and started activity after receiving a £250,000 grant in September 2004. Steinberg says that it was inspired by a collaboration with his then-flatmate James Crabtree which spawned Crabtree's article "Civic hacking: a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
WhatDoTheyKnow
WhatDoTheyKnow is a site by mySociety designed to help people in the United Kingdom make Freedom of Information requests. It publishes both the requests and the authorities’ responses online, with the aim of making information available to all, and of removing the need for multiple people to make the same requests. The site acts as a permanent public database archive of FOI requests made through it. Around 15% to 20% of requests to UK Central Government are made through WhatDoTheyKnow.com. Over 45,000 public bodies have been added to the site, mainly by volunteers. More than 800,000 requests have been made using the site and more than 4.5 million people visited it in 2014 WhatDoTheyKnow has been described by The Guardian as "an idiot's guide to making a freedom of information request." The Information Commissioner's Office has stated that it believes "the most up-to-date informal list of all public authorities is held on the website". Information released through the site has ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly translated to English as ''sherif''. Description Historically, a sheriff was a legal official with responsibility for a shire, the term being a contraction of " shire reeve" (Old English ). In British English, the political or legal office of a sheriff, term of office of a sheriff, or jurisdiction of a sheriff, is called a shrievalty in England and Wales, and a sheriffdom in Scotland. In modern times, the specific combination of legal, political and ceremonial duties of a sheriff varies greatly from country to country. * In England, Northern Ireland, or Wales, a sheriff (or high sheriff) is a ceremonial county or city official. * In Scotland, sheriffs are judges. * In the Republic of Ireland, in some counties and in the cities of Dubli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police Scotland
Police Scotland ( gd, Poileas Alba), officially the Police Service of Scotland (), is the national police force of Scotland. It was formed in 2013, through the merging of eight regional police forces in Scotland, as well as the specialist services of the Scottish Police Services Authority, including the Scottish Crime and Drug Enforcement Agency. Although not formally absorbing it, the merger also resulted in the winding up of the Association of Chief Police Officers in Scotland. Police Scotland is the second-largest police force in the United Kingdom (after the Metropolitan Police Service) in terms of officer numbers, and by far the largest territorial police force in terms of its geographic area of responsibility. The chief constable is answerable to the Scottish Police Authority, and the force is inspected by His Majesty's Inspectorate of Constabulary in Scotland. Scotland is also policed by the Ministry of Defence Police, British Transport Police, and the Civil Nuclear Const ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> Police Scotland")