Scottish Sentencing Council
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Scottish Sentencing Council
The Scottish Sentencing Council is an advisory non-departmental public body in Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ... that produces sentencing guidelines for use in the High Court of Justiciary, sheriff courts and justice of the peace courts. Senator of the College of Justice, Judges, sheriff court, sheriffs, and justice of the peace, justices of the peace must use the guidelines to inform the sentence (law), sentence they pronounce against a convict, and they must give reasons for not following the guidelines. The Scottish Sentencing Council was established by the Scottish Ministers on 19 October 2015 under powers granted by the Criminal Justice and Licensing (Scotland) Act 2010. All sentencing guidelines are submitted to the High Court of Justiciary for a ...
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Public Bodies Of The Scottish Government
Public bodies of the Scottish Government are organisations that are funded by the Scottish Government. They form a tightly meshed network of Executive (government), executive and Advice (opinion), advisory Non-departmental public body, non-departmental public bodies ("quangoes"); tribunals; and nationalised industries. Such public bodies are distinct from executive agencies of the Scottish Government, as unlike them they are not considered to be part of the Government and staff of public bodies are not civil servants, although executive agencies are listed in the Scottish Government's directory of national public bodies alongside other public bodies. Governance The Scottish Government is responsible for appointing a board of directors to run public bodies. The Office of the Commissioner for Public Appointments in Scotland is responsible for regulating the process. Public bodies are assigned "sponsoring departments" who provide funding in the form of grant-in-aid to assist with run ...
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Donald Macfadyen, Lord Macfadyen
Donald James Dobbie Macfadyen, Lord Macfadyen (8 September 1945 – 11 April 2008) was a highly regarded Scottish lawyer who served as a judge for over a decade. In 2002, he was one of the five judges who heard the appeal of Abdelbaset al-Megrahi against his conviction for the bombing in 1998 of Pan Am Flight 103. Life Macfadyen was born in Glasgow, to Donald and Christina Macfadyen. He was educated at Hutchesons' Boys Grammar School and then at Glasgow University, where he won many prizes and graduated in law in 1967. In 1969, Macfadyen was admitted to the Faculty of Advocates, at the unusually young age of 23. He was an advocate depute (prosecutor) from 1979 to 1982, and was standing junior counsel to the Department of Agriculture and Fisheries for Scotland from 1977 to 1979 and to the Scottish Home and Health Department from 1982 to 1983. Macfadyen became a Queen's Counsel in 1983, aged only 38. From 1989 to 1995 he was a part-time chairman of Medical Appeal Tribunals ...
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Victims' Rights
Victims' rights are legal rights afforded to victims of crime. These may include the right to restitution, the right to a victims' advocate, the right not to be excluded from criminal justice proceedings, and the right to speak at criminal justice proceedings. United States The crime victims' rights movement in the United States is founded on the idea that, during the late modern period (1800-1970), the American justice system strayed too far from its victim-centric origins. Since the 1970s, the movement has worked to give victims a more meaningful role in criminal proceedings, aiming at the inclusion of "the individual victim as a legally recognized participant with rights, interests, and voice." History During the colonial and revolutionary periods, the United States criminal justice system was "victim centric" in that crimes were often investigated and prosecuted by individual victims. In the 19th and early 20th centuries, however, the focus shifted so that crime was see ...
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Law Society Of Scotland
The Law Society of Scotland is the professional governing body for Scottish solicitors. It promotes excellence among solicitors through the support and regulation of its members. It also promotes the interests of the public in relation to the profession. The Society helps to shape the law for the benefit of both the public and the profession. The Society was established by statute in 1949 and its rules are set out in the Solicitors (Scotland) Act 1980. All practising solicitors, currently around 10,500, are members. The Society is funded by its members and has an annual budget of almost £8 million. History Lawyers in Scotland have been organised in professional bodies since at least the sixteenth century. The Faculty of Advocates was established as the body for practising advocates in 1532, though its origins are thought to date from even earlier. Other lawyers were represented by associations and faculties of procurators and solicitors. Among those that still exist, the S ...
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Faculty Of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a constituent part of the College of Justice and is based in Edinburgh. Advocates are privileged to plead in any cause before any of the courts of Scotland, including the sheriff courts and district courts, where counsel are not excluded by statute. History The Faculty has existed since 1532 when the College of Justice was set up by Act of the Parliament of Scotland, but its origins are believed to predate that event. No curriculum of study, residence or professional training was, until 1856, required on entering this profession, but the faculty always had the power of rejecting any candidate for admission. Subsequently candidates underwent two private examinations; one in general scholarship that could be substituted by evidence of an equivalen ...
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Association Of Chief Police Officers In Scotland
The Association of Chief Police Officers in Scotland (ACPOS) was the professional voice of police leadership ( Chief Constables, Deputy Chief Constables and Assistant Chief Constables) in Scotland, including the Assistant Chief Constable in the British Transport Police responsible for Scotland. Some superintendents and senior support staff were also involved in its business. Along with all eight Scottish regional police forces and the Scottish Crime and Drug Enforcement Agency, ACPOS was merged into Police Scotland and ceased to operate on 1 April 2013. Formerly a staff association, in 2006 it was incorporated as a private company limited by guarantee and gained charitable status in 2009. ACPOS evolved to be the strategic body which oversaw and co-ordinated all aspects of the direction and development of policing in Scotland. It commented upon police reform, published policies, campaigned on issues of importance, and worked in partnership with central and local government to set ...
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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 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 ...
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Stipendiary Magistrate
Stipendiary magistrates were magistrates that were paid for their work (they received a stipend). They existed in the judiciaries of the United Kingdom and those of several former British territories, where they sat in the lowest-level criminal courts. United Kingdom England and Wales Stipendiary magistrates sat in the magistrates' courts of England and Wales, alongside unpaid 'lay' magistrates, generally hearing the more serious cases. In London, stipendiary magistrates were known as metropolitan stipendiary magistrates. Until 1949, they were known as metropolitan police magistrates. There was also a Chief Metropolitan Stipendiary Magistrate for London, with additional administrative duties. In August 2000, stipendiary magistrates, including metropolitan stipendiary magistrates, were replaced by the new role of district judge (magistrates' courts). There is also now a Senior District Judge (Chief Magistrate). Scotland Stipendiary magistrates were the most junior judg ...
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Judiciary Of Scotland
The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access. The Lord President of the Court of Session is the head of Scotland's judiciary and the presiding judge of the College of Justice (which consists of the Court of Session and High Court of Justiciary.) As of May 2016, the Lord President was Lord Carloway, who was appointed in December 2015 having previously served as Lord Justice Clerk. The Lord President is supported by the Judicial Office for Scotland which was established on 1 A ...
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Truth In Sentencing
Truth in sentencing (TIS) is a collection of different but related public policy stances on sentencing of those convicted of crimes in the justice system. In most contexts, it refers to policies and legislation that aim to abolish or curb parole so that convicts serve the period to which they have been sentenced. Truth in sentencing advocates relate such policies in terms of the public's right to know; they argue, for example, that it is deceptive to sentence an individual to "seven to nine years" and then release the individual after he or she has served only six years. In some cases, truth in sentencing is linked to other movements such as mandatory sentencing (in which particular crimes yield automatic sentences regardless of the extenuating circumstances) and habitual offender or " three strikes" laws in which state law requires the state courts to hand down mandatory and extended periods of incarceration to persons who have been convicted of a criminal offense on multiple occas ...
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Courts Of Scotland
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues. The judiciary of Scotland, except the Lord Lyon King of Arms, are united under the leadership and authority of the Lord President and Lord Justice General, who is the president of the Court of Session and High Court of Justiciary. The Court of Session has the authority, under the Courts Reform (Scotland) Act ...
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