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Procurator Fiscal
A procurator fiscal (pl. ''procurators fiscal''), sometimes called PF or fiscal (), is a public prosecutor in Scotland, who has the power to impose fiscal fines. They investigate all sudden and suspicious deaths in Scotland (similar to a coroner in common law systems), conduct fatal accident inquiries (a form of inquest unique to the Scottish legal system) and handle criminal complaints against the police (administrative complaints are handled by the Police Investigations and Review Commissioner). They also receive reports from specialist reporting agencies such as His Majesty's Revenue and Customs. For the majority of crimes in Scotland, the procurators fiscal present cases for the prosecution in the sheriff and justice of the peace courts (and formerly district courts), and the case for the defence is presented either by the accused, a solicitor, or an advocate. The solicitor will work for a firm of solicitors, or in certain areas of Scotland could be a public defende ...
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Public Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in England law. They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ens ...
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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 sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare. The Service's jurisdiction covers all of Scotland, and includes investigation and prosecution of criminal offences, sudden or suspicious deaths, and criminal conduct by the police. It also includes assessment and possession of bona vacantia and treasure trove. The Lord Advocate is assisted by the Solicitor General for Scotland, both of whom are Law Officers. The day-to-day running of the Service is carried out by the Crown Agent & Chief Executive and an executive board who are based in the service headquar ...
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Government Of The United Kingdom
His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central government, central executive authority of the United Kingdom of Great Britain and Northern Ireland.Overview of the UK system of government : Directgov – Government, citizens and rights
Archived direct.gov.uk webpage. Retrieved on 29 August 2014.
The government is led by the Prime Minister of the United Kingdom, prime minister (Keir Starmer since 5 July 2024) who appoints all the other British Government frontbench, ministers. The country has had a Labour Party (UK), Labour government since 2024 United Kingdom general election, 2024. The ...
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Sheriff Courts (Scotland) Act 1867
A sheriff court () is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland. Sheriff courts hear civil cases as a bench trial without a jury, and make determinations and judgments alone. However, the specialist all-Scotland Sheriff Personal Injury Court (based in Edinburgh) has the ability to hear cases with a jury of ...
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The Crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive government specifically or only to the monarch and their Viceroy, direct representatives. The term can be used to refer to the rule of law; or to the functions of executive (government), executive (the Crown-King-in-Council, in-council), legislative (the Crown-in-parliament), and judicial (the Crown on the bench) governance and the civil service. The concept of the Crown as a corporation sole developed first in the Kingdom of England as a separation of the physical crown and property of the kingdom from the person and personal property of the monarch. It spread through English and later British colonisation and developed into an imperial crown, which rooted it in the legal lexicon of all 15 Commonwealth realms, their various dependencies, ...
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Criminal Procedure Act 1701
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. ''Habeas corpus'' is generally enforced via writ, and accordingly referred to as a writ of ''habeas corpus''. The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or "prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention. At common law the burden was usually on the official to prove that a detention was authorized. ''Habeas corpus'' has certain ...
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University Of Edinburgh
The University of Edinburgh (, ; abbreviated as ''Edin.'' in Post-nominal letters, post-nominals) is a Public university, public research university based in Edinburgh, Scotland. Founded by the City of Edinburgh Council, town council under the authority of a royal charter from King James VI and I, James VI in 1582 and officially opened in 1583, it is one of Scotland's Ancient universities of Scotland, four ancient universities and the List of oldest universities in continuous operation, sixth-oldest university in continuous operation in the English-speaking world. The university played a crucial role in Edinburgh becoming a leading intellectual centre during the Scottish Enlightenment and contributed to the city being nicknamed the "Etymology of Edinburgh#Athens of the North, Athens of the North". The three main global university rankings (Academic Ranking of World Universities, ARWU, Times Higher Education World University Rankings, THE, and QS World University Rankings, QS) ...
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Judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a Court order, ruling in the Case law, case based on their Judicial interpretation, interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an in open court, open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ult ...
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Law Enforcement Officer
A law enforcement officer (LEO), or police officer or peace officer in North American English, is a public-sector or private-sector employee whose duties primarily involve the enforcement of laws, protecting life & property, keeping the peace, and other public safety related duties. Law enforcement officers are designated certain powers & authority by law to allow them to carry out their responsibilities. Modern legal codes use the term ''peace officer'' (or in some jurisdictions, ''law enforcement officer'') to include every person vested by the legislating state with law enforcement authority. Traditionally, anyone "sworn, badged, and armable" who can arrest, or refer such arrest for a criminal prosecution. Security officers may enforce certain laws and administrative regulations, which may include detainment or apprehension authority, including arresting in some jurisdictions. Peace officers may also be able to perform all duties that a law enforcement officer is tasked w ...
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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, the , which is commonly translated to English as ''sheriff''. Description 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 Dublin and Cork, sheriffs are legal officials similar to bailiffs. * In the United States The United States of America (USA), ...
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Manorial Court
The manorial courts were the lowest courts of law in England during the feudal period. They had a civil jurisdiction limited both in subject matter and geography. They dealt with matters over which the lord of the manor had jurisdiction, primarily torts, local contracts and land tenure, and their powers only extended to those who lived within the lands of the manor: the demesne and such lands as the lord had enfeoffed to others, and to those who held land therein. Historians have divided manorial courts into those that were primarily seignorial – based on feudal responsibilities – and those based on separate delegation of authority from the monarch. There were three types of manorial court: the court of the honour; the court baron; and the court customary, also known as the halmote court. Each manor had its own laws promulgated in a document called the custumal, and anyone in breach of those laws could be tried in a manorial court. The earlier Anglo-Saxon metho ...
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Roman-Dutch Law
Roman-Dutch law ( Dutch: ''Rooms-Hollands recht'', Afrikaans: ''Romeins-Hollandse reg'') is an uncodified, scholarship-driven, and judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, it is a variety of the European continental civil law or '' ius commune''. While Roman-Dutch law was superseded by Napoleonic codal law in the Netherlands proper as early as the beginning of the 19th century, the legal practices and principles of the Roman-Dutch system are still applied actively and passively by the courts in countries that were part of the Dutch colonial empire, or countries which are influenced by former Dutch colonies: Guyana, South Africa (and its neighbours Botswana, Lesotho, Namibia, Eswatini (formerly Swaziland), and Zimbabwe), Sri Lanka, Indonesia, Suriname, and the formerly Indonesian-occupied East Timor. It also heavily influenced Scots law. It also had some minor impact on the laws of the American state of N ...
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