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Scottish Criminal Evidence Law: Current Developments and Future Trends

Edited by: Peter Duff, Pamela R. Ferguson

ISBN13: 9781474414760
Published: November 2017
Publisher: Edinburgh University Press
Country of Publication: Scotland
Format: Hardback
Price: £75.00
Paperback edition , ISBN13 9781474414784



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Scottish criminal evidence law has recently undergone major, primarily reactive changes, with more reform on the way. These ad hoc developments are fundamentally altering the basic principles of Scottish criminal evidence which have been in place since the 19th century.

This book gathers leading experts in the field to analyse these changes, discern any patterns and ask what the ramifications are for the future of Scottish criminal evidence law.

The areas affected include: police questioning of suspects, the treatment of vulnerable witnesses in court, hearsay, the admissibility of the accused’s previous convictions, the Crown’s duty of disclosure and the need for corroboration.

Key Features

  • The only complete analysis of recent major changes to Scottish criminal evidence law
  • Considers the likely future direction of criminal evidence law reform in Scotland
  • Adopts a theoretical and comparative perspective and a socio-legal approach to Scottish criminal evidence law
  • Evaluates theoretical models of criminal procedure

Subjects:
Scots Law
Contents:
Table of Cases
Table of Legislation
Introduction
Peter Duff and Pamela Ferguson
1. Cadder and Beyond: Suspects’ Rights and the Public Interest
Claire McDiarmid
2. ‘Access to Justice’ For Complainers? The Pitfalls of the Scottish Government’s Case to Abolish Corroboration
Ilona Cairns
3. The Relevance of Sexual History and Vulnerability in the Prosecution of Sexual Offences
Liz Campbell and Sharon Cowan
4. Similar Fact Evidence And Moorov: Time for Rationalisation?
Fraser P. Davidson
5. Hearsay in Scots Law: Rethinking and Reforming
Gerry Maher QC
6. Eyewitness Identification Evidence And Its Problems: Recommendations for Change
Pamela R. Ferguson
7. Assessing Witness Credibility and Reliability: Engaging Experts and Disengaging Gage?
Donald Nicolson and Derek P. Auchie
8. The Process Of Criminal Evidence Law Reform In Scotland: What Can We Learn?
James Chalmers, Fiona Leverick and Shona W Stark
9. Scottish Criminal Evidence Law Adrift?
Peter Duff
Bibliography
Index