General / Citations

Question 1

Which of the following can you know from the name and citation of this case:

HM Advocate v Fraser and Rollins 1920 JC 60

Answer 1

1. It is a Scottish case - JC = justice of the peace court (only in Scotland) 8
2. It is a Solemn case - the use of HM Advocate
3. The charges would have been listed as an ‘indictment’ - because it is a solemn case.

Question 2

Which of the following can you know from the name and citation of this case:

Smith v Donnelly 2001 SCCR 800

Answer 2

1. It is a summary case - the last name of the sheriff and the last name of the accused rather than the Crown.
2. It is a criminal case - SCCR = Scottish Criminal Case Reports.
3. It is a Scottish case - SCCR

Question 3

Which of the following can you know from the name and citation of this case?

R v Dudley and Stevens (1884) 14 QBD 273

Answer 3

• it was heard by the Queen’s Bench Division

- therefore, it is a criminal case

Question 4

What are the two types of criminal procedure in Scotland?

Answer 4

• solemn

- summary

Question 5

Do cases under solemn procedure have a jury?

Answer 5

Yes

Question 6

What is the highest criminal court in Scotland?

Answer 6

The Justice of the Peace court

Question 7

Which party has the persuasive burden and almost always has the evidential burden?

Answer 7

The Crown (prosecution)

Question 8

What is the prosecution in Scotland often referred to as?

Answer 8

‘The Crown’

Question 9

What are the verdicts available in a Scottish criminal trial?

Answer 9

• Guilty
• Not guilty
• Not proven