Introduction Flashcards
What are the sources of Scots Criminal Law?
The sources of Scots Criminal law include:
- Cases
- Statutes
- Institutional Writers
- European Convention on Human Rights - This was domesticated by the Human Rights Act, allowing it to be referenced in court and argued in front of a judge.
What is the term used for the prosecution in Scotland?
In Scotland, the prosecution is referred to as The Crown or sometimes the Crown Office and Procurator Fiscal Service.
Who is responsible for prosecuting criminal cases in Scotland?
In Scotland, the state prosecutes criminal cases, meaning it is not up to the victim to decide whether to prosecute.
Who is the head of the prosecution process in Scotland?
The head of the prosecution process in Scotland is the Lord Advocate. The Lord Advocate is not a judge but is at the top of the Crown Office.
Who is second in command to the Lord Advocate in Scotland?
The Solicitor General is second in command to the Lord Advocate.
What is the role of Advocates Deputes in Scotland?
Advocates Deputes are prosecutors who mainly handle jury trials. They are usually employed for 3 to 6 years and often have experience as defense lawyers or advocates who have not practiced criminal law.
What is the role of Procurators Fiscal in Scotland?
Procurators Fiscal prosecute cases in Sheriff Courts and Justice of the Peace Courts. They are civil servants, fully qualified advocates or solicitors, and are appointed for 3 to 6 years.
What are the two types of procedures in Scottish criminal law?
The two types of procedures are:
- Solemn procedure - Involves a judge and a jury.
- Summary procedure - Involves only a judge, who decides guilt without a jury.
What is the difference between Solemn and Summary cases in Scotland?
Solemn cases involve a judge and a jury.
Summary cases involve a judge alone, who decides guilt. There is no jury in summary cases.
How many people sit in a jury in a Scottish court?
In solemn cases, 15 people sit in the jury, though the number might change.
What are the three main courts in Scotland’s criminal system?
The three main courts are:
High Court
Sheriff Court
Justice of the Peace Court
What cases does the High Court deal with in Scotland?
The High Court deals with the most serious crimes such as murder, rape, serious robberies, and serious drug offenses. It is the only court that can hear cases of murder and rape.
What is the procedure in the High Court in Scotland?
The High Court follows a solemn procedure, meaning there is always a jury involved.
What penalties can the High Court impose in Scotland?
The High Court can impose life imprisonment or an unlimited fine.
What is the role of the Sheriff Court in Scotland?
The Sheriff Court can operate both as a solemn or summary court. It can send someone to prison for up to 5 years and/or an unlimited fine for solemn cases, or up to 12 months in prison or a fine up to £10,000 for summary cases.
What type of court is the Justice of the Peace Court?
The Justice of the Peace Court is the lowest court in Scotland. The judge is typically a lay person, often a local counselor, and the court can impose penalties of up to 60 days in prison or a fine of up to £2,500.
What types of cases are dealt with in the Justice of the Peace Court?
The Justice of the Peace Court deals with less serious cases. Very few people are sent to prison from this court.
Who decides where a case is tried in Scotland?
The Crown Office and Procurator Fiscal Service decides where a case is tried based on factors like the seriousness of the crime, the harm caused, and the accused’s previous convictions.
How many appeal courts exist in Scotland?
Scotland has two appeal courts:
The High Court, which can sit as the Scottish Court of Criminal Appeal.
The Sheriff Appeal Court, established in 2015.
What types of cases go to the Sheriff Appeal Court and the High Court for appeals?
Summary cases are appealed in the Sheriff Appeal Court.
Solemn cases are appealed in the High Court.
Under what circumstances might a case go to the Supreme Court from Scotland?
A case might go to the Supreme Court only in special circumstances.
What type of legal system does Scotland use in criminal trials?
Scotland uses an adversarial procedure, where two sides (the prosecution and the defense) battle it out. This is common in countries like Australia, New Zealand, Canada, America, England, Wales, and Scotland.
How does the adversarial system in Scotland differ from inquisitorial systems?
In adversarial systems, the prosecution and defense each present their case, and the judge remains impartial. In contrast, inquisitorial systems, used in some other countries, have a judge who also acts as the prosecutor, collecting evidence for both the prosecution and defense to compile into a dossier, and making the final decision based on written statements rather than live testimony.
What is the role of the prosecution in the adversarial system?
The prosecution carries the onus of proving the guilt of the accused beyond reasonable doubt. It is the prosecution’s responsibility to establish the guilt of the accused through evidence.
What is the importance of the trial stage in Scottish criminal procedure?
The trial stage is the most important in Scottish criminal procedure. It follows preparation like police work and evidence gathering. However, most cases do not go to trial as many are settled before, often through plea deals or fines.
What is a plea in mitigation in Scottish criminal law?
A plea in mitigation occurs when the defense lawyer asks the judge to consider mitigating factors that could lead to a less severe sentence, such as personal hardships or a first-time offense. This is typically done after the prosecution sums up the case.
What happens if the accused pleads not guilty in Scottish criminal trials?
If the accused pleads not guilty, the case goes to trial. The prosecution must then prove guilt beyond reasonable doubt, using oral, forensic, and physical evidence, such as DNA, fingerprints, and physical objects.
What is corroboration in Scottish criminal trials?
Corroboration means that two independent pieces of evidence must show that the crime was committed. This ensures the reliability of the evidence presented in court.
Does the accused have to testify in a Scottish trial?
No, in Scotland, the accused does not have to take the witness box. They have the right to remain silent, and the burden of proof is on the prosecution.
What are the three possible verdicts in Scottish criminal cases?
The three possible verdicts are:
- Guilty
2.Not Guilty
3.Not Proven
Not Proven is effectively the same as Not Guilty, and if the case is not proven, it is the end of the matter.
What happens after a verdict is reached in a Scottish criminal case?
Once a verdict is reached, if the verdict is Not Guilty, the accused is free to go. If Guilty, the case proceeds to sentencing, which is determined by the judge.
What is the presumption of innocence in Scottish criminal law?
The presumption of innocence means that the accused is always presumed innocent until the prosecution proves their guilt beyond reasonable doubt. It is up to the prosecution to provide compelling evidence to establish guilt.
What is the naming convention in Scottish criminal case titles?
Solemn cases are typically named H.M. Advocate v. [Accused].
Summary cases do not use H.M. Advocate; instead, they use the name of the fiscal against the accused, e.g., Quinn v. Lees (appeal case).
What is the naming convention for cases outside of Scotland?
In cases outside of Scotland, the title might follow the format R v. [Defendant], where R stands for the Crown or King (e.g., R v. White).
