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Special Defence
A special defence in Scots law may be raised in criminal proceedings upon notice by the accused ahead of the trial. If established, it results in an acquittal.Tony Callahan, "Case for the defence in Scotland", ''Evening Times'' (Glasgow, Scotland), 18 August 2001, p 8 via factiva accessed 24 September 2011. The only purpose of the special defence procedure is to give fair notice: it does not prejudice the plea of not guilty by an accused; the Crown still must prove the acts charged beyond a reasonable doubt. I D MacphailCriminal Evidence - 24 Nov 2010.pdf Scottish Criminal Evidence, Procedure and Practice(2010)''Lambie v H M Advocate'' 1973 JC 53 at 58 Notice given In solemn proceedings (prosecutions on indictment of more serious criminal offences before a judge and jury of 15 persons)Judicial Office for ScotlandGlossary Judiciary of Scotland (2011), accessed 24 September 2011. notice of a special defence must be given at least 10 days before the trial dateNeil Gow QC, "Scotland ... [...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] |
Scottish Criminal Law
Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 (2009 asp 9) and Prostitution (Public Places) (Scotland) Act 2007 (2007 asp 11) which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scotland. Sco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial By Jury In Scotland
Trial by jury in Scotland is used in the courts of Scotland in solemn procedure for trial on indictment before a judge and jury for serious criminal cases, and in certain civil cases (mainly personal injury claims) Criminal procedure in Scotland is generally regulated by the Criminal Procedure (Scotland) Act 1995 (as amended) and various Acts of Adjournal passed by the High Court of Justiciary. Juries in these cases consist of 15 people; if jurors drop out e.g. because of illness the trial can continue with a minimum of 12 jurors. In criminal trials conviction is on the basis of a majority verdict, with eight jurors required to decide that the accused is guilty; should fewer than eight jurors declare a guilty verdict then the accused is acquitted, so a hung jury is an impossibility in Scottish criminal law. In the past some people were executed on majority verdicts in Scotland, such as Susan Newell, who had one juror dissenting. The jury has a choice of three verdicts: gui ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. Scotland Scots law has two acquittal verdicts: ''not guilty'' and ''not proven''. However a verdict of "not proven" does not give rise to the double jeopardy rule. England and Wales In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an ex ... [...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] |
Reasonable Doubt
Beyond a reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the balance of probabilities standard commonly used in civil cases, because the stakes are much higher in a criminal case: a person found guilty can be deprived of liberty, or in extreme cases, life, as well as suffering the collateral consequences and social stigma attached to a conviction. The prosecution is tasked with providing evidence that establishes guilt beyond a reasonable doubt in order to get a conviction; failure to do so entitles the accused to an acquittal. This standard of proof is widely accepted in many criminal justice systems, and its origin can be traced to Blackstone's ratio, "It is better that ten guilty persons escape than that one innocent suffer." In practice Because a defendant is presumed to be innocent, the prosecution has the burden of proving the defendant's guilt on every ele ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iain Macphail, Lord Macphail
Iain Duncan Macphail, Lord Macphail (24 January 1938 – 21 October 2009) was a Scottish lawyer and Senator of the College of Justice, a judge of the country's Supreme Courts. Early life Macphail was educated at the independent George Watson’s College, Edinburgh, and studied at the University of Edinburgh ( M.A. (Hons.) History 1959), and at the School of Law of the University of Glasgow (LL.B. 1962). He was admitted to the Faculty of Advocates in 1963. Between 1963 and 1965, he held a Faulds Fellowship in Law at Glasgow, and was succeeded in this position by Robin McEwan (later Lord McEwan). From 1968 to 1969, he was a lecturer in Evidence and Procedure at the School of Law of the University of Strathclyde, and from 1969 to 1972, held the same position at the School of Law of the University of Edinburgh. Legal career From 1971 to 1973, Macphail served as Standing Junior Counsel to Scottish Home and Health Department and the Department of Health and Social Security. In 1973 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solemn Proceedings
Solemn proceedings is the term used in Scotland for serious criminal cases prosecuted on indictment before a judge and jury. These are distinct from summary proceedings before a sheriff or justice of the peace sitting without a jury. See also * Indictable offence * Trial by jury in Scotland Trial by jury in Scotland is used in the courts of Scotland in solemn procedure for trial on indictment before a judge and jury for serious criminal cases, and in certain civil cases (mainly personal injury claims) Criminal procedure in Scotlan ... Scottish criminal law {{Scotland-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Automatism (law)
In criminal law, automatism is a rarely used criminal defence. It is one of the mental condition defences that relate to the mental state of the defendant. Automatism can be seen variously as lack of voluntariness, lack of culpability (unconsciousness) or excuse. Automatism means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act. For example, Esther Griggs in 1858 threw her child out of a first floor window believing that the house was on fire, while having a sleep terror. In 2002, Peter Buck, lead guitarist of the band R.E.M., was cleared of several charges, including assault, which resulted from automatism brought on by a bad interaction between alcohol and sleeping pills. In a 2009 case in Aberporth in west Wales, Brian Thomas strangled his wife in their camper van, also during a sleep terror, when he mistook his wife for an intruder. The defence of automatism is denying that the person was acting ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alibi
An alibi (from the Latin, '' alibī'', meaning "somewhere else") is a statement by a person, who is a possible perpetrator of a crime, of where they were at the time a particular offence was committed, which is somewhere other than where the crime took place. During a police investigation, all possible suspects are usually asked to provide details of their whereabouts during the relevant time period, which where possible would usually be confirmed by other persons or in other ways (such as by checking phone records, or credit card receipts, use of CCTV, etc.). During a criminal trial, an alibi is a defence raised by the accused as proof that they could not have committed the crime because they were in some other place at the time the alleged offence was committed. The ''Criminal Law Deskbook'' of Criminal Procedure states: "Alibi is different from all of the other defences; it is based upon the premise that the defendant is truly innocent." Duty to disclose In some legal jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
