This is an accessible practical guide to assist criminal court practitioners in preparing and conducting court business, covering issues most commonly raised during criminal court hearings. The book is split into nine elemental areas which a competent and effective court lawyer needs to know well. These areas include coverage of procedural issues; evidential issues; major legal concepts; the most frequently prosecuted charges, as well as road traffic matters and sentencing. Regardless of how well prepared a lawyer may be, the likelihood is that something unexpected will occur during court, be…mehr
This is an accessible practical guide to assist criminal court practitioners in preparing and conducting court business, covering issues most commonly raised during criminal court hearings. The book is split into nine elemental areas which a competent and effective court lawyer needs to know well. These areas include coverage of procedural issues; evidential issues; major legal concepts; the most frequently prosecuted charges, as well as road traffic matters and sentencing. Regardless of how well prepared a lawyer may be, the likelihood is that something unexpected will occur during court, be it in a trial, proof or debate. With this text, a practitioner need access only one book to quickly answer most issues likely to be raised daily, rather than carry around numerous different books or access different websites. The book is a 'one stop' resource for matters which practitioners are likely to regularly encounter. This title is included in Bloomsbury Professional's Scottish Law Service and Scots Law Student Service.
Peter Galletly was criminal defence lawyer for over 35 years, appearing in the criminal courts on a daily basis acting as defence agent at trial, while also being managing partner of his own law firm. He is currently Senior Tutor in the Advanced Criminal Law course at Glasgow University. He has previously been a tutor at Glasgow University's Diploma in Legal Practice and tutor in Criminal Law, Commercial Awareness, and Advanced Criminal Law at Glasgow.
Inhaltsangabe
A. Evidential Issues i) Admissible and Relevant Evidence ii) Leading Evidence and Cross-Examination iii) Primary and Secondary Evidence iv) Primary Hearsay and Secondary Hearsay v) Best Evidence Rule vi) 'Real' Evidence- eg Mobile phone footage; cctv. B. Procedural Issues i) Preliminary Pleas: Competency and Relevancy ii) Warrants: s139 and s150 iii) Disclosure iv) Objections to Evidence: 'Under Reservation' and 'trial within a trial' v) Prior Statements vi) Vulnerable Witnesses and Appropriate Adults C. Corroboration i) General ii) Distress and de recenti/Res Gestae Statements iii) Fairness in Obtaining Evidence and Admissions iv) Evidence Not Requiring Corroboration v) Conjunction of Testimony vi) Law of Concert vii) Moorov Doctrine D. Extent of Police Powers E. Most Frequently Prosecuted Charges i) Breach of the Peace ii) Criminal Justice and Licensing (Sc) Act 2010, s38(1) iii) Criminal Justice and Licensing (Sc) Act 2010, s39(1) iv) Assault v) Statutory Assaults vi) Self-defence vii) Provocation viii) Theft ix) Aggravations x) Attempts xi) Embezzlement xii) Fraud xiii) Reset xiv) Offensive Weapons xv) Road Traffic Offences xvi) Misuse of Drugs Act Offences xvii) Hate Crime Offences F. Road Traffic Act 'Totting Up' Proofs i) Special Reasons ii) Exceptional Hardship G. Notification Requirements H. Domestic Abuse Offences I. Sentencing (to include under 25s)
A. Evidential Issues i) Admissible and Relevant Evidence ii) Leading Evidence and Cross-Examination iii) Primary and Secondary Evidence iv) Primary Hearsay and Secondary Hearsay v) Best Evidence Rule vi) 'Real' Evidence- eg Mobile phone footage; cctv. B. Procedural Issues i) Preliminary Pleas: Competency and Relevancy ii) Warrants: s139 and s150 iii) Disclosure iv) Objections to Evidence: 'Under Reservation' and 'trial within a trial' v) Prior Statements vi) Vulnerable Witnesses and Appropriate Adults C. Corroboration i) General ii) Distress and de recenti/Res Gestae Statements iii) Fairness in Obtaining Evidence and Admissions iv) Evidence Not Requiring Corroboration v) Conjunction of Testimony vi) Law of Concert vii) Moorov Doctrine D. Extent of Police Powers E. Most Frequently Prosecuted Charges i) Breach of the Peace ii) Criminal Justice and Licensing (Sc) Act 2010, s38(1) iii) Criminal Justice and Licensing (Sc) Act 2010, s39(1) iv) Assault v) Statutory Assaults vi) Self-defence vii) Provocation viii) Theft ix) Aggravations x) Attempts xi) Embezzlement xii) Fraud xiii) Reset xiv) Offensive Weapons xv) Road Traffic Offences xvi) Misuse of Drugs Act Offences xvii) Hate Crime Offences F. Road Traffic Act 'Totting Up' Proofs i) Special Reasons ii) Exceptional Hardship G. Notification Requirements H. Domestic Abuse Offences I. Sentencing (to include under 25s)
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