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.