Criminal Evidence and Procedure, 5th edition
An Introduction
Will be published approx. on 31. March 2026
Book
Paperback/Softback
368 pages
978-1-3995-4993-6 (ISBN)
Description
Whether you are 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.
Alastair N Brown draws on his extensive experience in practice to present a clear and up-to-date overview of the subject, taking into account the new decisions issued by the High Court of Justiciary and Sheriff Appeal Court which have shed light on key aspects of criminal evidence and procedure; the Bail and Release from Custody (Scotland) Act 2023 and the Victims, Witnesses and Justice Reform (Scotland) Bill; and reflecting the changes made in relation to what constitutes corroboration by the High Court in Reference by His Majesty's Advocate v CLB 2023 SCCR 340.
Alastair N Brown draws on his extensive experience in practice to present a clear and up-to-date overview of the subject, taking into account the new decisions issued by the High Court of Justiciary and Sheriff Appeal Court which have shed light on key aspects of criminal evidence and procedure; the Bail and Release from Custody (Scotland) Act 2023 and the Victims, Witnesses and Justice Reform (Scotland) Bill; and reflecting the changes made in relation to what constitutes corroboration by the High Court in Reference by His Majesty's Advocate v CLB 2023 SCCR 340.
More details
Language
English
Place of publication
Edinburgh
United Kingdom
Target group
Professional and scholarly
College/higher education
Illustrations
2 tables
Dimensions
Height: 232 mm
Width: 156 mm
Thickness: 21 mm
Weight
544 gr
ISBN-13
978-1-3995-4993-6 (9781399549936)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Alastair N. Brown is a Retired Sheriff and Member of the Faculty of Advocates
Content
Preface
Table of Statutes
Table of Orders, Rules and Regulations
Table of International Materials
Table of Cases
1. ABSOLUTE BASICS
Types of procedure
The courts
The Sexual Offences Court
The parties
Appearing in court
Finding the law
The Criminal Procedure (Scotland) Act 1995
Act of Adjournal (Criminal Procedure Rules) 1996
Sentencing Guidelines
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 summary
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
The Sexual Offences Court
Sheriff court
JP Court
Chapter summary
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
The child accused
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 summary
4. INVESTIGATION OF CRIME
Introduction
Arrest
When can the police make an arrest?
Criminal Justice (Scotland) Act 2016
The power of arrest
Action immediately following arrest
Procedure after arrest
Person who has not been officially accused
Bringing the arrested person before the court
Investigative liberation
Questioning suspects
Initial enquiries
Particular suspicion
Questioning at a police station
The right to legal advice
The admissibility of police interviews
Recording police interviews
Statutory requirements to answer questions
Admissibility of reply to charge of difference crime from that prosecuted
Questioning a person who has been officially accused
Court authorisation of questioning after official accusation
Search
Search of the person
Taking samples
Invasive search
Search of property
Statutory search warrants
Common law search warrants
Defective warrants
Was the search within the scope of the warrant?
Cases of urgency
Regulation of Investigatory Powers
Identification procedure
Chapter summary
5. PETITION PROCEDURE
The Petition
Committal for further examination
Full committal
Chapter summary
6. BAIL
Bail applications
Relevant considerations
Conditions
Domicile of citation
Bail appeals
Bail reviews
Bail appeal after conviction
Chapter summary
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 ("s76 letters")
The indictment
Service
Charges
Relevancy
Specification
Quantity
Place
Time
Mode
Specification in statutory offences
Aggravations and dockets
Aggravations
Bail
Domestic abuse
Prejudice
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
Competency
Challenges to validity of citation
Pleas in bar of trial
Double jeopardy
Mora
Preliminary Issues
Separation or conjunction of charges or trials
Preliminary objections under specified provisions
Objections to admissibility of evidence
Admissions as to documents and other matters
Applications for witness anonymity orders
Written Record
Chapter summary
8. PRELIMINARY HEARINGS AND FIRST DIETS
Is the accused allowed to conduct his 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 summary
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 summary
10. VULNERABLE WITNESSES
The problem
Closing the court
Child witnesses: Discretionary Powers
Special measures for vulnerable witnesses
Which witnesses are "vulnerable"
Child Witnesses
Deemed Vulnerable Witnesses
Special measures for child witnesses and deemed vulnerable witnesses
Risk to the quality of evidence
Risk of harm to the witness
The special measures
Taking of evidence by a commissioner
Live television link
Screens
Supporters
Evidence in chief in the form of a prior statement
Prior sexual conduct of the complainer
Chapter summary
11. THE TRIAL: EVIDENCE
What things constitute evidence
Admissibility of evidence
Objections
Trial within a trial
Appeal
Particular rules
Relevance - the exclusion of collateral material
Character of the complainer
Character of the accused
Hearsay
Previous statements
Expert witnesses
Sufficiency of Evidence
General
The things that have to be corroborated
What constitutes corroboration
Distress and de recenti statements
Course of criminal conduct - The Moorov doctrine
Corroboration of confessions
"Special knowledge"
Fingerprints, DNA, CCTV etc
Chapter summary
12. THE TRIAL: PROCEDURE
Failure of the accused to appear
Back-up trials and call over
Commencement of the trial
Summary trials
Indictment
Jury selection
Judge's introductory remarks
All cases
Part-heard trials
The examination of witnesses
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 summary
13. SENTENCING
Procedure
Motion for sentence
Previous convictions
Unexpired portion of a sentence
Crown narrative
Forfeiture
Notification requirements
Adjournment for inquiry
Mitigation and Proof in Mitigation
'Discount' for guilty plea
Particular sentences
General matters
Sentencing guidelines
Deferred sentence
Admonition and absolute discharge
Custodial sentences
Life imprisonment and orders for lifelong restriction
Determinate custodial sentences
Community disposals
Restriction of liberty order
Community payback orders
Drug treatment and testing order
Antisocial Behaviour Order
Non harassment orders
Financial penalties
Fines
Victim surcharge
Compensation
Caution
Confiscation order
Chapter summary
14. APPEALS
Defence appeals
Solemn procedure
Appeals from preliminary hearings and first diets
Appeals against conviction
Appeals against sentence
Summary procedure
Appeals relating to preliminary pleas
Appeals against conviction
Appeals against sentence
Crown Appeals
Solemn procedure
Appeals against decisions about sufficiency of evidence
Lord Advocate's Reference
Lord Advocate's appeal against disposal
Summary Procedure
Bills of Advocation and Bills of Suspension
Advocation
Suspension
Procedure
The nobile officium
Chapter summary
Index
Table of Statutes
Table of Orders, Rules and Regulations
Table of International Materials
Table of Cases
1. ABSOLUTE BASICS
Types of procedure
The courts
The Sexual Offences Court
The parties
Appearing in court
Finding the law
The Criminal Procedure (Scotland) Act 1995
Act of Adjournal (Criminal Procedure Rules) 1996
Sentencing Guidelines
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 summary
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
The Sexual Offences Court
Sheriff court
JP Court
Chapter summary
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
The child accused
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 summary
4. INVESTIGATION OF CRIME
Introduction
Arrest
When can the police make an arrest?
Criminal Justice (Scotland) Act 2016
The power of arrest
Action immediately following arrest
Procedure after arrest
Person who has not been officially accused
Bringing the arrested person before the court
Investigative liberation
Questioning suspects
Initial enquiries
Particular suspicion
Questioning at a police station
The right to legal advice
The admissibility of police interviews
Recording police interviews
Statutory requirements to answer questions
Admissibility of reply to charge of difference crime from that prosecuted
Questioning a person who has been officially accused
Court authorisation of questioning after official accusation
Search
Search of the person
Taking samples
Invasive search
Search of property
Statutory search warrants
Common law search warrants
Defective warrants
Was the search within the scope of the warrant?
Cases of urgency
Regulation of Investigatory Powers
Identification procedure
Chapter summary
5. PETITION PROCEDURE
The Petition
Committal for further examination
Full committal
Chapter summary
6. BAIL
Bail applications
Relevant considerations
Conditions
Domicile of citation
Bail appeals
Bail reviews
Bail appeal after conviction
Chapter summary
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 ("s76 letters")
The indictment
Service
Charges
Relevancy
Specification
Quantity
Place
Time
Mode
Specification in statutory offences
Aggravations and dockets
Aggravations
Bail
Domestic abuse
Prejudice
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
Competency
Challenges to validity of citation
Pleas in bar of trial
Double jeopardy
Mora
Preliminary Issues
Separation or conjunction of charges or trials
Preliminary objections under specified provisions
Objections to admissibility of evidence
Admissions as to documents and other matters
Applications for witness anonymity orders
Written Record
Chapter summary
8. PRELIMINARY HEARINGS AND FIRST DIETS
Is the accused allowed to conduct his 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 summary
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 summary
10. VULNERABLE WITNESSES
The problem
Closing the court
Child witnesses: Discretionary Powers
Special measures for vulnerable witnesses
Which witnesses are "vulnerable"
Child Witnesses
Deemed Vulnerable Witnesses
Special measures for child witnesses and deemed vulnerable witnesses
Risk to the quality of evidence
Risk of harm to the witness
The special measures
Taking of evidence by a commissioner
Live television link
Screens
Supporters
Evidence in chief in the form of a prior statement
Prior sexual conduct of the complainer
Chapter summary
11. THE TRIAL: EVIDENCE
What things constitute evidence
Admissibility of evidence
Objections
Trial within a trial
Appeal
Particular rules
Relevance - the exclusion of collateral material
Character of the complainer
Character of the accused
Hearsay
Previous statements
Expert witnesses
Sufficiency of Evidence
General
The things that have to be corroborated
What constitutes corroboration
Distress and de recenti statements
Course of criminal conduct - The Moorov doctrine
Corroboration of confessions
"Special knowledge"
Fingerprints, DNA, CCTV etc
Chapter summary
12. THE TRIAL: PROCEDURE
Failure of the accused to appear
Back-up trials and call over
Commencement of the trial
Summary trials
Indictment
Jury selection
Judge's introductory remarks
All cases
Part-heard trials
The examination of witnesses
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 summary
13. SENTENCING
Procedure
Motion for sentence
Previous convictions
Unexpired portion of a sentence
Crown narrative
Forfeiture
Notification requirements
Adjournment for inquiry
Mitigation and Proof in Mitigation
'Discount' for guilty plea
Particular sentences
General matters
Sentencing guidelines
Deferred sentence
Admonition and absolute discharge
Custodial sentences
Life imprisonment and orders for lifelong restriction
Determinate custodial sentences
Community disposals
Restriction of liberty order
Community payback orders
Drug treatment and testing order
Antisocial Behaviour Order
Non harassment orders
Financial penalties
Fines
Victim surcharge
Compensation
Caution
Confiscation order
Chapter summary
14. APPEALS
Defence appeals
Solemn procedure
Appeals from preliminary hearings and first diets
Appeals against conviction
Appeals against sentence
Summary procedure
Appeals relating to preliminary pleas
Appeals against conviction
Appeals against sentence
Crown Appeals
Solemn procedure
Appeals against decisions about sufficiency of evidence
Lord Advocate's Reference
Lord Advocate's appeal against disposal
Summary Procedure
Bills of Advocation and Bills of Suspension
Advocation
Suspension
Procedure
The nobile officium
Chapter summary
Index