Criminal Evidence and Procedure

Table of StatutesTable of Statutory InstrumentsTable of Orders, Rules and RegulationsTable of International MaterialsTable of CasesPreface 1. Absolute BasicsTypes of procedureThe courtsThe partiesFinding 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 irregularitiesChapter overview 2. JurisdictionJurisdiction 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 ProcedureCommittal 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 personallyPreliminary pleasRecording the pleaPreliminary issuesOther objections to the admissibility of evidenceWhich witnesses are requiredState of preparationAgreement of facts by joint minuteStatements of uncontroversial evidenceOther mattersAppealsFixing the trialChapter overview 9. Summary Proceedings from First Appearance to Trial The complaint First appearanceThe first calling in summary procedureProcedure 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 problemClosing the courtChild witnesses: Discretionary powersSpecial measures for vulnerable witnesses Which witnesses are ‘vulnerable’ The special measures Chapter overview 11. The Trial: EvidenceWhat things constitute evidenceAdmissibility 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 officiumChapter overview Index