Criminal Procedure (Scotland) Act 1995

Question 1

Criminal Procedure (Scotland) Act 1995 s.41A

Answer 1

Children under 12y/o cannot be prosecuted for an offence

Question 2

Criminal Procedure (Scotland) Act 1995 s.41B

Answer 2

A person over 12y/o cannot be prosecuted for an offence they committed when they were under 12 y/o

Question 3

Criminal Procedure (Scotland) Act 1995 s.101(1)

Answer 3

Previous convictions - jury

Question 4

Criminal Procedure (Scotland) Act 1995 s.166(3)

Answer 4

Previous convictions - judge

Question 5

Criminal Procedure (Scotland) Act 1995 s.259

Answer 5

Exceptions to the rule that hearsay evidence is inadmissible

1. is dead or physically/mentally unfit
2. outwithin UK and not reasonable to attend
3. cannot be found
4. by leave of court, refuses to give evidence
5. refuses to give evidence after being directed by judge to do so

Question 6

Criminal Procedure (Scotland) Act 1995 s.271(1)

Answer 6

Vulnerable witnesses:

(a) all child witnesses
(b) mental disorder
(c) victims of sexual abuse, domestic abuse, stalking etc.

Question 7

Criminal Procedure (Scotland) Act 1995 s.53F(2)

Answer 7

Unfitness for trial.

Court have to establish:

(a) the ability of the person to:
(i) understand nature of charge
(ii) understand requirement to tender a plea
(iii) understand purpose of trial
(iv) understand evidence may be given against
(v) communicate with legal representatives

Question 8

Criminal Procedure (Scotland) Act 1995 s.51A

Answer 8

Mental disorder/Balance of probabilities

Question 9

Criminal Procedure (Scotland) Act 1995 s.51B

Answer 9

Diminished Responsibility