Assessment 1

Question 1

What’s the 1st principle of Scots Law?

Answer 1

Innocent until proven guilty

Question 2

What’s the 2nd principle of Scots Law?

Answer 2

Everyone is entitled to a fair and impartial trial

Question 3

What agency is responsible for the prosecution of crime in Scotland?

Answer 3

Procurator Fiscal Service

Question 4

What other responsibilities does Procurator Fiscal Service have?

Answer 4

Investigating crimes, prosecuting crimes, supporting victims and witnesses, FAIs

Question 5

Define criminal law…

Answer 5

Criminal law exists for the protection of community as a whole and not personal purpose. It deals with the prosecution and punishment of crimes.

Question 6

Define civil law…

Answer 6

Civil law disputes between individuals or organisations. Examples of these are: divorce, repossession, adoption, damages.

Question 7

What’s the function of the Solicitor General - who presently holds that?

Answer 7

Senior legal advisor to the Scottish government - Ruth Charteris.

Question 8

If you were charged with careless driving, what might you have to answer (civil or criminal)

Answer 8

Civil

Question 9

If you were to claim damages for personal inquiries, what type of action would you take?

Answer 9

Civil

Question 10

What is the term for a person against whom the action is taken in a civil case?

Answer 10

Defender

Question 11

What is the term for a person who takes out action in a civil case?

Answer 11

Presuer

Question 12

What is the standard of proof in criminal law?

Answer 12

Before conviction, prosecution must prove “beyond reasonable doubt” that accused is guilty as charged.

Question 13

What is the difference between soleman and summary procedure?

Answer 13

Soleman is used for more serious cases like assault. Summary is used for less serious cases

Question 14

In what types of cases does the high court have an exclusive jurisdiction?

Answer 14

The high court of jurisdiction in cases of murder and rape

Question 15

Under soleman procedure, what is a sheriff’s maximum sentencing power?

Answer 15

Maximum sentencing power is 5 years in prison and an unlimited fine

Question 16

What is a Justice of the peace court?

Answer 16

Less serious/ lower level court

Question 17

How does ‘jigsaw identification’ work?

Answer 17

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

Question 18

Explain the purpose of a Fatal Accident Inquiry

Answer 18

Is to establish what happened and prevent future deaths from happening in similar circumstances

Question 19

What circumstances might lead to an FAI?

Answer 19

When someone dies in legal custody or when someone dies in an accident at work, child dying in secure accommodation

Question 20

Which form of procedure is an FAI?

Answer 20

Civil

Question 21

Who will make the decision as to whether an FAI will be held and who will preside over the inquiry?

Answer 21

The Lord Advocate can instruct that a FAI is held and a Sheriff in a Sheriff court

Question 22

Which reporting restrictions apply to child witness in an FAI?

Answer 22

Child must stay anonymous

Question 23

Name 3 levels of criminal court in Scotland and give an example of the type of case held by each one.

Answer 23

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

Question 24

Describe two of the main responsibilities of the Solicitor General

Answer 24

1. Providing legal advice to government
2. Prosecuting serious crimes and handling appeals

Question 25

What is the standard proof in civil law?

Answer 25

The balance of probabilities

Question 26

Describe the role and responsibilities of the Procurator Fiscal

Answer 26

Opens up and investigates before opening fatal accident inquiries/ court cases on behalf of an individual/party

Question 27

Describe what Section 47 of the criminal procedures ACT 1995 prohibits

Answer 27

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