Memorandum of Comments on the Scottish Law Commission Consultation The Draft Criminal Code for Scotland PDF Download
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Author: Law Society of Scotland
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 48
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Book Description
Author: Law Society of Scotland
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 48
Get Book Here
Book Description
Author: Law Society of Scotland
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 11
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Book Description
Author: Scottish Law Commission
Publisher:
ISBN: 9780114973131
Category : Criminal justice, Administration of
Languages : en
Pages : 202
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Book Description
This publication contains the text, with commentary, of a draft code for the Scottish criminal law, prepared by a group of Scottish academic lawyers. It is a modernising draft based on existing substantive law, and is in the form of a Scottish Parliament Bill, called the 'Criminal Law (Scotland) bill. The code consists of 114 sections and three schedules, and is divided into 10 parts. These relate to general aspects such as the burden of proof, presumption of innocence, causation, defences and penalties; particular offences including sexual and non-sexual offences, offences against property and economic interests, extortion and deception, public order offences and those against law government and the administration of justice, offences against animals; as well as a section dealing with rules on consent, interpretation and final provisions.
Author: Law Society of Scotland. Criminal Law Committee
Publisher:
ISBN:
Category : Child witnesses
Languages : en
Pages : 6
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Book Description
Author: Pamela R Ferguson
Publisher: Edinburgh University Press
ISBN: 0748695834
Category : Law
Languages : en
Pages : 798
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Book Description
Scots Criminal Law "e; A Critical Analysis provides a clear statement of the current law for students and practitioners, with a theoretical and critical focus. This new edition has been updated to reflect changes in the law since the first edition publishe
Author: Sheriff Andrew Cubie
Publisher: Bloomsbury Publishing
ISBN: 1526523345
Category : Law
Languages : en
Pages : 409
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Book Description
Written by an expert team of authors, this clear and comprehensive guide explains all the basic principles relating to Scots criminal law, taking account of ongoing changes in substantive law, including the continuing influence of human rights. This well-established text is an essential reference source for both law students and legal practitioners and includes coverage of: - developments in case law and statute reflecting the prominence of statutory offences - analysis of the meaning of 'wicked' in the context of recklessness - an examination of perjury - reflections upon diminished responsibility - the interaction between provocation and self-defence - the continuing influence of the European Convention on Human Rights and related jurisprudence - an analysis of how Scotland has sought to address the right to die issue and the age of criminal responsibility The main common law and statutory offences are covered under the following sections: - Offences against the person including homicide and sexual offences - Social protection offences including the Misuse of Drugs Act 1971 and road traffic offences - Property offences including theft, robbery, embezzlement and malicious mischief - Offences against the state and administration of justice including contempt of court and interfering with the course of justice This title is included in Bloomsbury Professional's Scots Criminal Law online service.
Author: Scottish Law Commission
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 152
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Book Description
This discussion paper sets out the Commission's proposals for reform of the law relating to rape and other sexual offences, for consultation purposes (responses by 1 May 2006). Topics discussed include: the protection of sexual autonomy and the issue of consent; sexual assaults; offences based on a protective principle, including offences involving children under 16 years, persons with mental disorders, and abuse of trust; offences based on public morality; the law of evidence concerning proof of sexual offences; and compatibility with the European Convention on Human Rights.
Author: Scottish Law Commission
Publisher: Stationery Office/Tso
ISBN: 9780108882654
Category : Law
Languages : en
Pages : 162
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Book Description
As the law stands, the prosecution in Scotland cannot rely upon previous convictions to help prove their case against an accused person. If an accused, charged with murder, has been convicted of a number of other murders, the jury will not know this when considering their verdict. Other jurisdictions - most notably England and Wales - have rules which allow such evidence. Should Scots law be changed? In this report the Scottish Law Commission conclude that the present rules restricting the use of evidence that the accused has acted in a similar way on other occasions - including evidence that he or she has committed similar crimes - lack both logic and coherence. It recommends that the law recognise that such evidence can be highly relevant to the question of guilt or innocence. The report argues that all relevant evidence - including evidence of similar previous convictions - should, in principle, be admissible. Included with the report is a draft Bill which would give effect to the recommendations by replacing the present law with a clear and coherent statutory framework for the admission of all relevant evidence in criminal proceedings.
Author: Scottish Law Commission
Publisher:
ISBN:
Category : Law reform
Languages : en
Pages : 416
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Book Description
Author: Great Britain: Parliament: House of Commons: Home Affairs Committee
Publisher: The Stationery Office
ISBN: 0215026683
Category : Business & Economics
Languages : en
Pages : 124
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Book Description
This joint report by the Home Affairs Committee and the Work and Pensions Committee examines the Government's proposals to reform the law on corporate manslaughter, as set out in the draft Bill (Cm 6497, ISBN 010164972X) published in March 2005 for consultation. The report supports the introduction of the draft Bill to address the need for a statutory offence to shift the basis of liability for corporate manslaughter away from the requirement of identifying a 'directing mind' of a guilty company, since this 'identification principle' has made prosecutions of large companies almost impossible under the current common law. Issues discussed include: the application of the offence of corporate manslaughter in relation to corporations, government departments and police forces; issue of causation; the law of negligence, relevant duty of care and contractual relationships; management failure, the role of senior managers and gross breach; the removal of Crown immunity; territorial application of the offence; corporate sanctions; individual liability for directors; powers of investigation and prosecution, including the requirement to obtain the consent of the Director of Public Prosecutions before a private prosecution can be brought; and cost issues.
