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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Criminal Evidence and Procedure: An Introduction 4th ed isbn 9781474494663

Criminal Evidence and Procedure: An Introduction 3rd ed


ISBN13: 9781904968320
New Edition ISBN: 9781474494663
Previous Edition ISBN: 0406952302
Published: December 2010
Publisher: Edinburgh University Press (Avizandum)
Country of Publication: Scotland
Format: Paperback
Price: Out of print



Criminal Evidence and Procedure: An Introduction is a practical and accessible introduction to the conduct of criminal cases in Scotland. The text is structured according to the various stages of a criminal case, from mitigation to appeal.

It approaches the subject in an integrated way, recognising that there is a substantial degree of interpenetration between evidence and procedure. Procedure is considered in the general order in which steps occur in prosecutions, with solemn and summary procedure dealt with together as far as possible.

Matters of evidence are covered as they become relevant to the topics being dealt with. The Criminal Procedure (Scotland) Act 1995, as amended, remains the core of the text. This popular text provides a way into the subject for those coming new to criminal evidence and procedure and is also a valuable vade mecum for established practitioners. Alastair Brown is a solicitor advocate.

Subjects:
Scots Law
Contents:
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
Types of procedure
The essentials of evidence
2. Jurisdiction
The High Court of Justiciary
Sheriff court of jurisdiction
JP court jurisdiction
3. The Prosecution of Crime
The Lord Advocate
Advocate deputes
Procurator Fiscal
The decision to prosecute
Alternatives to prosecution
Choice of procedure
The prosecutor as "master of the instance"
4. Investigation of crime
Introduction
Effect of irregularity in investigation
Regulation of investigators powers
Detention and arrest
Questioning of suspects and others
Search
5. Petition Procedure
Judicial examination
Committal
Full committal
Committal for further examination
6. Bail
Bail applications
Relevant considerations
Conditions
Bail appeals
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
The indictment
Productions
Service of the indictment
Preliminary hearing and first diets
The matters dealt with at preliminary hearing or first diets
Adjournment and alteration of diets
8. Summary Proceedings
Incidental applications
The complaint
Appearance from custody
Citation to appear
Time bar
The content of the complaint
The first diet in summary procedure
Debate on preliminary pleas
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
The witnesses
The evidence which the witnesses give