Court And Procedure

Question 0

What are the four courts?

Answer 0

High court
Sheriff and jury
Sheriff
Justice of the peace

Question 1

What 4 people are always present in the court?

Answer 1

The judge/sheriff/JP
The prosecution (PF or advocate)
The defence
Clerk of the court

Question 2

What are the four ways you report a case to the PF.

Answer 2

Custody report
Undertaking
Summons
Warrant

Question 3

How many people are present in a jury? How many need to force a guilty verdict?

Answer 3

15 & 8

Question 4

What are standard bail conditions?

Answer 4

1. Appear at court dates
2. Do not commit an offence
3. Do not interfere with witnesses
4. Do not cause fear and alarm to witnesses
5. Must cooperate with police investigations
   The police may ask the court to out special bail conditions on as well.

Question 5

What do you do if a suspect breaches bail conditions?

Answer 5

You arrest them under section 27

Question 6

What are pleas in bar of trial?

Answer 6

Non age
Unfit for trial
Tholed an assize (double jeopardy)
No jurisdiction
Delay (human rights)
Time bar (proceedings not started in time)

Question 7

What are the special defences?

Answer 7

Alibi
Self defence
Insanity
Allegation of another named person

Question 8

What is a vulnerable witness?

Answer 8

A child (under 16)
An adult with either;
Mental disorders or in fear or distress at giving evidence

Question 9

What are the special measures in place for vulnerable witnesses?

Answer 9

1. Evidence by a commissioner- statement is given and cross examined before the trial and is recorded and played in court.
2. Live TV link- witness is in another place giving evidence over TV link.
3. Screens- physical screen for witness to sit behind in court.
4. Supporter- witness may take a person for support.
5. Evidence given by earlier statement- however witness must still be available in court as defence may challenge.

Question 10

What entitlements do child witnesses access to?

Answer 10

At least one of the following-

1. Screen
2. Supporter
3. Live TV link

Question 11

When does a child under 12 not have to appear as a witness?

Answer 11

In certain cases of a sexual or violent nature. They can give evidence by either live TV link or evidence by commissioner.