Trial By Jury In Scotland
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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 ...
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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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Not Proven
Not proven (, ) is a verdict available to a Courts of Scotland, court of law in Scotland. Under Scots law, a Criminal procedure, criminal trial may end in one of three verdicts, one of conviction ("guilty") and two of acquittal ("not proven" and "not guilty").The Scottish criminal jury: A very peculiar institution', Peter Duff, 62 Law & Contemp. Probs. 173 (Spring 1999) Between the Restoration (Scotland), Restoration in the late 17th century and the early 18th century, jury, jurors in Scotland were expected only to find whether individual factual allegations were proven or not proven, rather than to rule on an accused's guilt. In 1728, the jury in a murder trial asserted "its ancient right" to declare a defendant "not guilty". Over time, the "not guilty" verdict regained wide acceptance and use amongst Scots juries, with the encouragement of defence lawyers. It eventually displaced "not proven" as the primary verdict of acquittal. Nowadays, juries can return a verdict of either " ...
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Channel Islands
The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, which is the largest of the islands; and the Bailiwick of Guernsey, consisting of Guernsey, Alderney, Sark, Herm and some smaller islands. They are considered the remnants of the Duchy of Normandy and, although they are not part of the United Kingdom, the UK is responsible for the defence and international relations of the islands. The Crown dependencies are not members of the Commonwealth of Nations, nor have they ever been in the European Union. They have a total population of about , and the bailiwicks' capitals, Saint Helier and Saint Peter Port, have populations of 33,500 and 18,207, respectively. "Channel Islands" is a geographical term, not a political unit. The two bailiwicks have been administered separately since the late ...
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Elections In The United Kingdom
There are five types of elections in the United Kingdom: elections to the House of Commons of the United Kingdom (commonly called 'general elections' when all seats are contested), elections to devolved parliaments and assemblies, local elections, mayoral elections, and Police and Crime Commissioner elections. Within each of those categories, there may also be by-elections. Elections are held on Election Day, which is conventionally a Thursday, and under the provisions of the Dissolution and Calling of Parliament Act 2022 the timing of general elections can be held at the discretion of the Prime Minister during any five-year period. All other types of elections are held after fixed periods, though early elections to the devolved assemblies and parliaments can occur in certain situations. The five electoral systems used are: the single member plurality system (first-past-the-post), the multi-member plurality system, the single transferable vote, the additional member system, a ...
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European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ...
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Commonwealth Citizen
A Commonwealth citizen is a citizen or qualified national of a Commonwealth of Nations member state. Most member countries do not treat citizens of other Commonwealth states any differently from foreign nationals, but some grant limited citizenship rights to resident Commonwealth citizens. In 16 member states, resident non-local Commonwealth citizens are eligible to vote in elections. The status is most significant in the United Kingdom, and carries few or no privileges in many other Commonwealth countries. Background Commonwealth citizenship was created out of a gradual transition from an earlier form of British nationality. Before 1949, all citizens of the British Empire were British subjects and owed allegiance to the Crown.. Although the Dominions (Australia, Canada, Ireland, Newfoundland, New Zealand, and South Africa) created their own nationality laws following the First World War, they mutually maintained British subjecthood as a common nationality with the United ...
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Irish Nationality Law
Irish nationality law details the conditions by which a person is a national of the Republic of Ireland. The primary law governing these regulations is the Irish Nationality and Citizenship Act, 1956, which came into force on 17 July 1956. Regulations apply to the entire island of Ireland, including the Republic of Ireland itself and Northern Ireland, a constituent part of the United Kingdom. Ireland is a member state of the European Union (EU) and all Irish nationals are EU citizens. They have automatic and permanent permission to live and work in any EU or European Free Trade Association (EFTA) country and may vote in elections to the European Parliament. All persons born in the Republic before 1 January 2005 were automatically citizens by birth regardless of the nationalities of their parents. Individuals born in the country since that date receive Irish citizenship at birth if at least one of their parents is an Irish citizen (or entitled to be one), a British citizen, o ...
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British Nationality Law
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the UK's historical status as a colonial empire. The primary class of British nationality is British citizenship, which is associated with the United Kingdom itself and the Crown dependencies. Foreign nationals may naturalize as British citizens after meeting a minimum residence requirement (usually five years) and acquiring Indefinite leave to remain, settled status. British nationals associated with a current British Overseas Territories, British Overseas Territory are British Overseas Territories citizens (BOTCs). Almost all BOTCs (except for those from Akrotiri and Dhekelia) have also been British citizens since 2002. Individuals connected with former British colonies may hold residual forms of British nationality, which do not confer an ...
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Juries In England And Wales
In the law, legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries. Liability to be called upon for jury service is covered by the Juries Act 1974. History The English jury has its roots in two institutions that date from before the Norman conquest in 1066. The inquest, as a means of settling a fact, had developed in Scandinavia and the Carolingian Empire while Anglo-Saxons, Anglo-Saxon law had used a "jury of accusation" to establish the strength of the allegation against a criminal suspect. In the latter case, the jury were not triers of fact and, if the accusation was seen as posing a case to answer, guilt or innocence were established by oath, often in the form of compurgation, or trial by ordeal. During the 11th and 12th centuries, juries were sworn to decide property disputes but it was the Roman Catholic Church's 1215 withdrawal of support for trial by ordeal that necessitated the development of the jury in its mode ...
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Jury Duty
Jury duty or jury service is service as a juror in a legal proceeding. Juror selection process The prosecutor and defense can dismiss potential jurors for various reasons, which can vary from one state to another, and they can have a specific number of arbitrary dismissals, or unconditional peremptory challenge, which does not require specific reasons. The judge can also dismiss potential jurors. Some courts had been sympathetic to jurors' privacy concerns and refer to jurors by number, and conduct ''voir dire'' ''in camera'' (i.e., in private). In the United States, there have also been Fifth Amendment challenges and medical privacy (e.g., HIPAA) objections to this. Australia Australia uses an adversarial system, and potential jurors are randomly selected from an electoral roll. Jurors receive a small payment for each day of attendance. Employers are also required to pay their employees "make-up pay", that is, the usual pay the employee would have earned from working, les ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ...
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Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e. disloyalty) against one's monarch was known as ''high treason'' and treason against a lesser superior was ''petty treason''. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason. At times, the term ''traitor'' has been used as a political epithet, regardless of any verifiable treasonable action. In a civil war or ...
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