Full Description
This is an accessible practical guide to assist criminal court practitioners in preparing and conducting court business, covering issues most commonly raised during criminal court hearings.
The book is split into nine elemental areas which a competent and effective court lawyer needs to know well. These areas include coverage of procedural issues; evidential issues; major legal concepts; the most frequently prosecuted charges, as well as road traffic matters and sentencing.
Regardless of how well prepared a lawyer may be, the likelihood is that something unexpected will occur during court, be it in a trial, proof or debate. With this text, a practitioner need access only one book to quickly answer most issues likely to be raised daily, rather than carry around numerous different books or access different websites.
The book is a 'one stop' resource for matters which practitioners are likely to regularly encounter.
This title is included in Bloomsbury Professional's Scottish Law Service and Scots Law Student Service.
Contents
A. Evidential Issues
i) Admissible and Relevant Evidence
ii) Leading Evidence and Cross-Examination
iii) Primary and Secondary Evidence
iv) Primary Hearsay and Secondary Hearsay
v) Best Evidence Rule
vi) 'Real' Evidence- eg Mobile phone footage; cctv.
B. Procedural Issues
i) Preliminary Pleas: Competency and Relevancy
ii) Warrants: s139 and s150
iii) Disclosure
iv) Objections to Evidence: 'Under Reservation' and 'trial within a trial'
v) Prior Statements
vi) Vulnerable Witnesses and Appropriate Adults
C. Corroboration
i) General
ii) Distress and de recenti/Res Gestae Statements
iii) Fairness in Obtaining Evidence and Admissions
iv) Evidence Not Requiring Corroboration
v) Conjunction of Testimony
vi) Law of Concert
vii) Moorov Doctrine
D. Extent of Police Powers
E. Most Frequently Prosecuted Charges
i) Breach of the Peace
ii) Criminal Justice and Licensing (Sc) Act 2010, s38(1)
iii) Criminal Justice and Licensing (Sc) Act 2010, s39(1)
iv) Assault
v) Statutory Assaults
vi) Self-defence
vii) Provocation
viii) Theft
ix) Aggravations
x) Attempts
xi) Embezzlement
xii) Fraud
xiii) Reset
xiv) Offensive Weapons
xv) Road Traffic Offences
xvi) Misuse of Drugs Act Offences
xvii) Hate Crime Offences
F. Road Traffic Act 'Totting Up' Proofs
i) Special Reasons
ii) Exceptional Hardship
G. Notification Requirements
H. Domestic Abuse Offences
I. Sentencing (to include under 25s)
