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Full Description
Scottish criminal evidence law has recently undergone major, primarily reactive changes, with more reform on the way. These ad hoc developments are fundamentally altering the basic principles of Scottish criminal evidence which have been in place since the 19th century.
The areas affected include: police questioning of suspects, the treatment of vulnerable witnesses in court, hearsay, the admissibility of the accused's previous convictions, the Crown's duty of disclosure and the need for corroboration.
This book gathers leading experts in the field to analyse these changes, discern any patterns and ask what they ramifications are for the future of Scottish criminal evidence law.
Contents
Table of Cases
Table of Legislation
IntroductionPeter Duff and Pamela Ferguson
1. Cadder and Beyond: Suspects' Rights and the Public InterestClaire McDiarmid
2. 'Access to Justice' For Complainers? The Pitfalls of the Scottish Government's Case to Abolish CorroborationIlona Cairns
3. The Relevance of Sexual History and Vulnerability in the Prosecution of Sexual OffencesLiz Campbell and Sharon Cowan
4. Similar Fact Evidence And Moorov: Time for Rationalisation?Fraser P. Davidson
5. Hearsay in Scots Law: Rethinking and ReformingGerry Maher QC
6. Eyewitness Identification Evidence And Its Problems: Recommendations for ChangePamela R. Ferguson
7. Assessing Witness Credibility and Reliability: Engaging Experts and Disengaging Gage?Donald Nicolson and Derek P. Auchie
8. The Process Of Criminal Evidence Law Reform In Scotland: What Can We Learn?James Chalmers, Fiona Leverick and Shona W Stark
9. Scottish Criminal Evidence Law Adrift?Peter Duff
Bibliography
Index