Crime & Law Flashcards
What is criminal law?
Criminal law deals with identifying when someone has broken the law and the prosecuting them. Ranging from a speeding fine to theft, rape or murder.
What is Scots Law?
Scotland has its own distinct legal system. Rules and laws are necessary because without them there would be anarchy and breakdown of order.
What is civil law?
Civil law is used to settle disputes between individuals or organisations. Eg divorces, selling houses or industrial disputes.
What are the three main criminal courts in Scotland?
High court
Sheriff courts
Justice of the peace courts
What are the two types of criminal procedure?
Solemn and summary
Define a solemn criminal procedure.
This means a trial will take place with a jury of 15 members of the public who will decide by a majority vote whether the accused is guilty, not guilty or not proven. All high court cases are solemn. Some solemn procedures are also carried out in sheriff courts.
Define a summary procedure.
In this procedure there is no jury and a judge will decide whether the accused is guilty or not.
What is a procurator fiscal?
When the police write a report giving details of alleged crimes this goes to the Procurator Fiscal who decides whether or not to prosecute.
What is the high court?
The high court deals with the most serious crimes. The high court is Scotland’s supreme criminal court and has responsibility for criminal convictions over the whole of Scotland. They are situated in cities and large towns. They have UNLIMITED sentencing powers.
What is a sheriff court?
They deal with most of the cases to go to court in Scotland. They deal with criminal and civil cases.
In a sheriff court, what criminal cases would be included?
Drug possession
Theft
In a sheriff court, what cases would be included in a civil case?
Custody
Financial disputes
What is the maximum sentence that can be given in a sheriff court under summary procedure?
Up to 5 year sentence or an unlimited fine.
What is the maximum sentence that can be given in a sheriff court under summary procedure?
3 month sentence or a £10,000 fine.
What is a justice of the peace court?
Justice of the Peace Courts replaced district courts and they are a lay court where a justice of the peace (who is not legally qualified but sits with a qualified clerk) makes des idioms on crimes such as traffic offences and drunk and disorderly.
