Criminal Evidence and Procedure: An Introduction

ISBN-13: 9781904968320 / Angielski / Miękka / 2010 / 224 str.

Dr Alastair N. Brown

Spis treści

Preface

Table of Statutes

Table of Orders, Rules and Regulations

Table of International Materials

Table of Cases

1 Absolute Basics

The courts

The parties

Finding the law

• The Criminal Procedure (Scotland) Act 1995
• The Justiciary Appeal Court
• The Supreme Court
• The European Court of Human Rights

Types of procedure

The essentials of evidence

• Credibility and reliability
• Burden of proof
• Standard of proof
• Admissibility of evidence
• Sufficiency of evidence

2. Jurisdiction

The High Court of Justiciary

• Crimes triable on indictment
• "Scotland"

Sheriff court of jurisdiction

• Offences
• Territorial jurisdiction
• Multiple sheriffdoms

JP court jurisdiction

3. The Prosecution of Crime

The Lord Advocate

Advocate deputes

Procurator Fiscal

• Brief History and functions
• Relationship with police and other investigators

The decision to prosecute

Alternatives to prosecution

• No proceedings, warning letter and diversion
• Fixed penalties, compensation offers and work orders

Choice of procedure

The prosecutor as "master of the instance"

4 Investigation of c\rime

Introduction

Effect of irregularity in investigation

Regulation of investigators powers

Detention and arrest

• Detention
• Arrest

Questioning of suspects and others

• Initial investigation
• Particular suspicion
• The fairness test
• Caautioning and compulsory powers
• Questioning after charge
• Tape-recorded interviews

Search

• Is it a search?
• Was the search lawful?
• Defective warrants
• Was the search within the scope of the warrant
• Cases of urgency
• Search of the person
• Invasive search

5 Petition Procedure

Judicial examination

• Scope of questioning
• Confessions
• Refusal to answer
• Role of defence solicitor
• Transcript

Committal

Full committal

Committal for further examination

6 Bail

Bail applications

Relevant considerations

Conditions

Bail appeals

• Marking and intimation

Bail reviews

Bail appeal after conviction

7 Solemn Proceedings

Outline

Crown precognition

Precognition on authority go petition warrant

Precognition on oath

Disclosure

Defence precognition and identification parade

Plea of guilty before service of indictment

Time limits

• Service of indictment
• Preliminary hearing
• Commencement of trial
• Extensions

The indictment

Productions

• Documentary productions

Service of the indictment

Preliminary hearing and first diets

• Defence statement
• Notice of special defence, defence witnesses and defence productions
• High Court Procedure
• Sherriff court procedure

The matters dealt with at preliminary hearing or first diets

• Preliminary issues and preliminary pleas
• Other matters usually dealt with at preliminary hearings or first diets
• Devolution issues

Adjournment and alteration of diets

8 Summary Proceedings

Incidental applications

The complaint

Appearance from custody

Citation to appear

Time bar

• Undue delay

The content of the complaint

The first diet in summary procedure

• Denial that accused is the person charged

Debate on preliminary pleas

• Adjournment for trial
• Intermediate diet
• Bail

Prevention of delay in trials

Intermediate diet

Special defences, lists of witnesses and productions

9 The Trial

Failure of accused to appear

Solemn procedure: selection of jury

Solemn and summary procedure: the framework of the trial

• Witnesses
• Joint minutes of agreement
• Statement of uncontroversial evidence
• Defence case
• Further evidence
• Part heard trials
• Jury speeches/address on the evidence
• Charge and verdict

The witnesses

• Presence in court
• Use of aides memoire and statements
• The spouse or civil partner of the accused
• Vulnerable witnesses

The evidence which the witnesses give

• Objections
• Trial within a trial
• The admissibility of evidence
• The exclusion of valueless and deceptive proofs: hearsay
• Excluding valueless and deceptive proofs: irrelevant evidence