Criminal Evidence and Procedure: An Introduction
4th Edition
Published on 9. February 2022
Book
Paperback/Softback
352 pages
978-1-4744-9466-3 (ISBN)
Description
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.
Reviews / Votes
This erudite text, written in the clearest language, is a significant contribution to the library of any practitioner in criminal law and should be in the pocket of everyone who appears before the court. It provides ready access to the most important issues and case law. -- David J Dickson * Law Society of Scotland *More details
Edition
4th edition
Language
English
Place of publication
Edinburgh
United Kingdom
Target group
College/higher education
Dimensions
Height: 153 mm
Width: 232 mm
Thickness: 22 mm
Weight
552 gr
ISBN-13
978-1-4744-9466-3 (9781474494663)
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
Other editions
Additional editions
Alastair Brown
Criminal Evidence and Procedure
E-Book
01/2022
1st Edition
Edinburgh University Press
€52.49
Available for download
Alastair Brown
Criminal Evidence and Procedure
E-Book
01/2022
1st Edition
Edinburgh University Press
€52.49
Available for download
Person
Alastair N. Brown is a Retired Sheriff and Member of the Faculty of Advocates
Content
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
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