Preface Table of Statutes Table of Orders, Rules and Regulations Table of International Materials Table of Cases 1 Absolute Basics The courts The parties Finding the law The Criminal Procedure (Scotland) Act 1995 The Justiciary Appeal Court The Supreme Court The European Court of Human Rights Types of procedure The essentials of evidence Credibility and reliability Burden of proof Standard of proof Admissibility of evidence Sufficiency of evidence 2. Jurisdiction The High Court of Justiciary Crimes triable on indictment "Scotland" Sheriff court of jurisdiction Offences Territorial jurisdiction Multiple sheriffdoms JP court jurisdiction 3. The Prosecution of Crime The Lord Advocate Advocate deputes Procurator Fiscal Brief History and functions Relationship with police and other investigators The decision to prosecute Alternatives to prosecution No proceedings, warning letter and diversion Fixed penalties, compensation offers and work orders Choice of procedure The prosecutor as "master of the instance" 4 Investigation of c\rime Introduction Effect of irregularity in investigation Regulation of investigators powers Detention and arrest Detention Arrest Questioning of suspects and others Initial investigation Particular suspicion The fairness test Caautioning and compulsory powers Questioning after charge Tape-recorded interviews Search Is it a search? Was the search lawful? Defective warrants Was the search within the scope of the warrant Cases of urgency Search of the person Invasive search 5 Petition Procedure Judicial examination Scope of questioning Confessions Refusal to answer Role of defence solicitor Transcript Committal Full committal Committal for further examination 6 Bail Bail applications Relevant considerations Conditions Bail appeals Marking and intimation Bail reviews Bail appeal after conviction 7 Solemn Proceedings Outline Crown precognition Precognition on authority go petition warrant Precognition on oath Disclosure Defence precognition and identification parade Plea of guilty before service of indictment Time limits Service of indictment Preliminary hearing Commencement of trial Extensions The indictment Productions Documentary productions Service of the indictment Preliminary hearing and first diets Defence statement Notice of special defence, defence witnesses and defence productions High Court Procedure Sherriff court procedure The matters dealt with at preliminary hearing or first diets Preliminary issues and preliminary pleas Other matters usually dealt with at preliminary hearings or first diets Devolution issues Adjournment and alteration of diets 8 Summary Proceedings Incidental applications The complaint Appearance from custody Citation to appear Time bar Undue delay The content of the complaint The first diet in summary procedure Denial that accused is the person charged Debate on preliminary pleas Adjournment for trial Intermediate diet Bail Prevention of delay in trials Intermediate diet Special defences, lists of witnesses and productions 9 The Trial Failure of accused to appear Solemn procedure: selection of jury Solemn and summary procedure: the framework of the trial Witnesses Joint minutes of agreement Statement of uncontroversial evidence Defence case Further evidence Part heard trials Jury speeches/address on the evidence Charge and verdict The witnesses Presence in court Use of aides memoire and statements The spouse or civil partner of the accused Vulnerable witnesses The evidence which the witnesses give Objections Trial within a trial The admissibility of evidence The exclusion of valueless and deceptive proofs: hearsay Excluding valueless and deceptive proofs: irrelevant evidence.