Criminal evidence and procedure
an introduction
- ISBN: 9781474494656
- Editorial: Edinburgh University Press
- Fecha de la edición: 2022
- Lugar de la edición: Edinburgh. Reino Unido
- Edición número: 4th ed.
- Encuadernación: Cartoné
- Medidas: 24 cm
- Nº Pág.: 310
- Idiomas: Inglés
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
Proof
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
General
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
Introduction
Arrest
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
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
Conditions
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
Outline
Crown preparation
Time limits
Extensions
Precognition on authority of petition warrant
Precognition on oath
Disclosure
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
Service
Charges
Relevancy
Specification
Aggravations and dockets
Aggravations
Dockets
Amendment of charges
List of witnesses
Productions
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
Appeals
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
Bail
Prevention of delay in trials
Disclosure
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
Objections
Particular rules
Sufficiency of evidence
General
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
Indictment
All cases
No case to answer submissions
Defence case
Recalling witnesses
Additional evidence
Evidence in replication
Submission as to sufficiency of evidence
Speeches
Jury directions
Verdict
Chapter overview
13. Sentencing
Procedure
Motion for sentence
Previous convictions
Unexpired portion of a sentence
Crown narrative
Forfeiture
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
Advocation
Suspension
Procedure
The nobile officium
Chapter overview
Index