Criminal Evidence and Procedure: An Introduction

Alastair N. Brown is a Retired Sheriff and Member of the Faculty of Advocates

• Table of StatutesTable of Statutory InstrumentsTable of Orders, Rules and RegulationsTable of International MaterialsTable of CasesPreface1. Absolute BasicsTypes of procedureThe courtsThe partiesFinding the lawThe Criminal Procedure (Scotland) Act 1995Act of Adjournal (Criminal Procedure Rules) 1996Practice notes Case lawProofBurden of proofAdmissibility of evidenceSufficiency of evidenceCredibility and reliabilityStandard of proofExcusal of procedural irregularitiesChapter overview2. JurisdictionJurisdiction based on territoryGeneral Fraud and cross-border crimesCrimes in more than one sheriff court districtJurisdiction based on nationality or residence Jurisdiction over particular crimes The High Court of Justiciary Sheriff court JP court Chapter overview3. 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 overview4. 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 overview5. Petition ProcedureCommittal for further examination Chapter overview6. Bail Bail applications Relevant considerations Conditions Domicile of citation Bail appeals Marking and intimationBail reviews Bail appeal after conviction Chapter overview7. 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 DisclosureProsecutor’s duty Defence statementDuty of investigating agencyRulings about disclosureDefence precognition and identification parade Plea of guilty before service of indictment The indictment ServiceCharges RelevancySpecificationAggravations and dockets Aggravations Dockets Amendment of charges List of witnesses Productions Labelled productionsDocumentary 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 overview8. 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 overview9. 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 overview10. Vulnerable Witnesses The problemClosing the courtChild witnesses: Discretionary powersSpecial measures for vulnerable witnessesWhich witnesses are ‘vulnerable’The special measuresChapter overview11. The Trial: EvidenceWhat things constitute evidenceAdmissibility of evidenceObjectionsParticular rulesSufficiency of evidenceGeneralCourse of criminal conduct – The Moorov doctrineCorroboration of confessionsFingerprints, DNA, CCTV, etc.Chapter overview12. The Trial: ProcedureFailure of the accused to appear Back-up trials and call over Commencement of the trialSummary trialsIndictment All casesNo case to answer submissionsDefence caseRecalling witnesses Additional evidence Evidence in replicationSubmission as to sufficiency of evidence Speeches Jury directions Verdict Chapter overview13. 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 penaltiesChapter overview14. AppealsDefence appealsSolemn procedureSummary procedureCrown appealsSolemn procedureSummary procedureBills of advocation and bills of suspensionAdvocationSuspensionProcedureThe nobile officiumChapter overviewIndex

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.