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Criminal evidence and procedure

Criminal evidence and procedure
an introduction

  • ISBN: 9781474494656
  • Editorial: Edinburgh University Press
  • Lugar de la edición: Edinburgh. Reino Unido
  • Edición número: 4th ed.
  • Encuadernación: Cartoné
  • Medidas: 24 cm
  • Nº Pág.: 310
  • Idiomas: Inglés

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Sheriff Alastair Brown draws on his extensive experience in practice to present a clear and up-to date overview of the subject, taking into account updates relating to the law of arrest, the treatment of vulnerable witnesses, the sentencing powers for non-harassment orders and the First Diet procedure. Whether a student of Scots Law coming to criminal evidence and procedure as part of your LLB law degree or as part of your Diploma in Professional Legal Practice, or a practitioner needing a quick reference guide, this textbook covers all of the essentials, giving you a practical guide to the conduct of criminal cases.

1. Absolute Basics
Types of procedure
The courts
The parties
Finding the law

The Criminal Procedure (Scotland) Act 1995
Act of Adjournal (Criminal Procedure Rules) 1996
Practice notes
Case law

Burden of proof
Admissibility of evidence
Sufficiency of evidence
Credibility and reliability
Standard of proof
Excusal of procedural irregularities
Chapter overview

2. Jurisdiction
Jurisdiction based on territory

Fraud and cross-border crimes
Crimes in more than one sheriff court district
Jurisdiction based on nationality or residence
Jurisdiction over particular crimes

The High Court of Justiciary
Sheriff court
JP court
Chapter overview

3. The Prosecution of Crime
The Lord Advocate
Advocate deputes
Procurators fiscal

Brief history and functions
Relationship with police and other investigators
The decision to prosecute
Alternatives to prosecution

No proceedings, warning letters and diversion
Fixed penalties, compensation offers and work orders
Choice of procedure
The prosecutor as ‘master of the instance’
Chapter overview

4. Investigation of Crime

When can the police make an arrest?
Criminal Justice (Scotland) Act 2016
Procedure after arrest
Investigative liberation
Questioning suspects

Initial enquiries
Particular suspicion
Questioning at a police station
The right to legal advice
Questioning a person who has been officially accused

Search of the person
Invasive search
Search of property
Was the search within the scope of the warrant?
Cases of urgency
Regulation of investigatory powers
Identification procedure
Chapter overview

5. Petition Procedure
Committal for further examination
Chapter overview

6. Bail
Bail applications
Relevant considerations
Domicile of citation
Bail appeals

Marking and intimation
Bail reviews
Bail appeal after conviction
Chapter overview

7. Solemn Proceedings from Petition to Preliminary Hearing or First Diet
Crown preparation

Time limits
Precognition on authority of petition warrant
Precognition on oath

Prosecutor’s duty
Defence statement
Duty of investigating agency
Rulings about disclosure
Defence precognition and identification parade
Plea of guilty before service of indictment
The indictment


Aggravations and dockets

Amendment of charges
List of witnesses

Labelled productions
Documentary productions
Notice of previous convictions
Action by the defence between service of indictment and first diet/preliminary hearing

Defence statement
Compatibility issues
Notice of special defences, defence witnesses and defence productions
Preliminary pleas and preliminary issues
Preliminary pleas

Challenges to competency or relevancy
Preliminary issues
Written record
Chapter overview

8. Preliminary Hearings and First Diets
Is the accused allowed to conduct their defence personally
Preliminary pleas
Recording the plea
Preliminary issues
Other objections to the admissibility of evidence
Which witnesses are required
State of preparation
Agreement of facts by joint minute
Statements of uncontroversial evidence
Other matters
Fixing the trial
Chapter overview

9. Summary Proceedings from First Appearance to Trial
The complaint
First appearance
The first calling in summary procedure
Procedure on guilty plea
Withdrawal of guilty plea
Procedure on not guilty plea

Adjournment for trial
Intermediate diet
Prevention of delay in trials
Intermediate diet
Chapter overview

10. Vulnerable Witnesses
The problem
Closing the court
Child witnesses: Discretionary powers
Special measures for vulnerable witnesses

Which witnesses are ‘vulnerable’
The special measures
Chapter overview

11. The Trial: Evidence
What things constitute evidence
Admissibility of evidence

Particular rules
Sufficiency of evidence

Course of criminal conduct – The Moorov doctrine
Corroboration of confessions
Fingerprints, DNA, CCTV, etc.
Chapter overview

12. The Trial: Procedure

Failure of the accused to appear
Back-up trials and call over
Commencement of the trial

Summary trials
All cases
No case to answer submissions
Defence case
Recalling witnesses
Additional evidence
Evidence in replication
Submission as to sufficiency of evidence
Jury directions
Chapter overview

13. Sentencing


Motion for sentence
Previous convictions
Unexpired portion of a sentence
Crown narrative
Notification requirements
Adjournment for inquiry
Mitigation and proof of mitigation
‘Discount’ for guilty plea
Particular sentences

General matters
Custodial sentences
Community disposals
Financial penalties
Chapter overview

14. Appeals

Defence appeals

Solemn procedure
Summary procedure
Crown appeals

Solemn procedure
Summary procedure
Bills of advocation and bills of suspension

The nobile officium
Chapter overview



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