Assessment 1 Flashcards
What’s the 1st principle of Scots Law?
Innocent until proven guilty
What’s the 2nd principle of Scots Law?
Everyone is entitled to a fair and impartial trial
What agency is responsible for the prosecution of crime in Scotland?
Procurator Fiscal Service
What other responsibilities does Procurator Fiscal Service have?
Investigating crimes, prosecuting crimes, supporting victims and witnesses, FAIs
Define criminal law…
Criminal law exists for the protection of community as a whole and not personal purpose. It deals with the prosecution and punishment of crimes.
Define civil law…
Civil law disputes between individuals or organisations. Examples of these are: divorce, repossession, adoption, damages.
What’s the function of the Solicitor General - who presently holds that?
Senior legal advisor to the Scottish government - Ruth Charteris.
If you were charged with careless driving, what might you have to answer (civil or criminal)
Civil
If you were to claim damages for personal inquiries, what type of action would you take?
Civil
What is the term for a person against whom the action is taken in a civil case?
Defender
What is the term for a person who takes out action in a civil case?
Presuer
What is the standard of proof in criminal law?
Before conviction, prosecution must prove “beyond reasonable doubt” that accused is guilty as charged.
What is the difference between soleman and summary procedure?
Soleman is used for more serious cases like assault. Summary is used for less serious cases
In what types of cases does the high court have an exclusive jurisdiction?
The high court of jurisdiction in cases of murder and rape
Under soleman procedure, what is a sheriff’s maximum sentencing power?
Maximum sentencing power is 5 years in prison and an unlimited fine
What is a Justice of the peace court?
Less serious/ lower level court
How does ‘jigsaw identification’ work?
By putting together different pieces of information to identify the person by a publication example is one may release where the victim stays or what they do for a living
Explain the purpose of a Fatal Accident Inquiry
Is to establish what happened and prevent future deaths from happening in similar circumstances
What circumstances might lead to an FAI?
When someone dies in legal custody or when someone dies in an accident at work, child dying in secure accommodation
Which form of procedure is an FAI?
Civil
Who will make the decision as to whether an FAI will be held and who will preside over the inquiry?
The Lord Advocate can instruct that a FAI is held and a Sheriff in a Sheriff court
Which reporting restrictions apply to child witness in an FAI?
Child must stay anonymous
Name 3 levels of criminal court in Scotland and give an example of the type of case held by each one.
Justice of the peace court: small criminal and civil cases like careless driving
Sheriff court: large criminal cases like assaults and possession of drugs
High court: more serious cases like rape, murder, FAIs
Describe two of the main responsibilities of the Solicitor General
- Providing legal advice to government
- Prosecuting serious crimes and handling appeals
What is the standard proof in civil law?
The balance of probabilities
Describe the role and responsibilities of the Procurator Fiscal
Opens up and investigates before opening fatal accident inquiries/ court cases on behalf of an individual/party
Describe what Section 47 of the criminal procedures ACT 1995 prohibits
Allows sheriff to prohibit the publication of any material that could identify a child involved in the inquiry. This includes their name, address, school etc these measures are designed to safeguard and protect the wellbeing of children under 18
