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Domestic Abuse 26
Violence against Women and Girls Crime Report 2014-2015 Contents Foreword by the Director of Public Prosecutions 3 Executive summary 5 Introduction 14 Violence against women and girls 16 Domestic abuse 26 Stalking and harassment 40 Rape 45 Sexual offences (excluding rape) 64 Forced marriage, honour based violence and female genital mutilation 71 Child abuse 78 Human trafficking 86 Prostitution 90 Pornography and obscenity 93 Annex 1: Prosecutions by Area 98 Glossary of terms 106 Glossary of acronyms 112 2 Foreword by the Director of Public Prosecutions Violence against Women and Girls (VAWG) cases are an increasing proportion of the Crown Prosecution Service (CPS) work. They give us some of the most complex and sensitive decisions to take. In 2014-15 we reached the highest volume ever of all VAWG1 police referrals, charged defendants, prosecutions and convictions. Work with the police has successfully reversed the fall in volumes identified by the CPS over the previous few years, culminating in the conviction of over 11,000 more defendants – a 17% increase since 2013-14. For domestic violence, rape, sexual offences and child abuse, convictions reached the highest volume ever. In total 68,601 defendants were convicted for domestic abuse, a rise of 10,325, just under 18% from the previous year. 2,581 defendants were convicted of rape, an increase of 233, just under 10%, since the previous year. 631 more defendants were also convicted for child sexual abuse – a 19% rise, reaching the highest level ever of 3,975. Prosecutions commencing, in respect of stalking and harassment offences, also rose by 15.1% in 2014-15 from 2013-14.2 The conviction rate for domestic abuse remained relatively steady at 73.9%, against the large rise in prosecution and conviction volumes that reached a record high. -
The Scottish Criminal Justice System
The Scottish Criminal Justice System Background The Act of Union 1707 between Scotland and England permitted Scotland to retain its separate legal system, which continued to be administered in Scotland. This meant that, even prior to devolution; the Scottish justice system had its own court system, its own police forces, its own prosecution service and its own prison and criminal justice social work services. The 1998 Scotland Act devolved a range of powers from Westminster to the reconvened Scottish Parliament, which included legislative powers to administer the Scottish legal system. Legislative powers over some areas, including terrorism and legal safeguards for human rights, remain reserved to the United Kingdom. In addition, the Supreme Court, which was established in October 2009, sits as a Scottish Court to hear appeals from civil cases arising in Scotland, and also hears criminal cases where human rights are at issue. However, in most cases, final appeals relating to criminal cases continue to be heard by Scottish courts (for more detail see Joyce, 2004 - book section available here). The 2008 Act also devolved executive powers to the Scottish Government. The Cabinet Secretary for Justice has overall responsibility for criminal justice in Scotland, which includes “the justice system, security, access to justice, criminal law and procedure, civil law, the police, the legal profession, courts, sentencing, prisons and prisoners, victims and witnesses, reducing reoffending, youth justice, criminal justice social work, community safety, fire and rescue services, anti-social behaviour, drugs policy, violence reduction, anti-sectarianism and liquor licensing” (Scottish Government website.) The Scottish Parliament is responsible for scrutinising the policy and legislative proposals of the Scottish Government, and the Justice Committee fulfils much of the scrutiny in relation to criminal justice. -
In Scots Law
1 When the Exception is the Rule: Rationalising the ‘Medical Exception’ in Scots Law 2 I. INTRODUCTION No medical practitioner who performs a legitimate medical operation on a patient (in the course of competently carrying out the duties of their profession)1 commits a delict or a criminal offence.2 This is so in spite of the fact that to infringe the bodily integrity of another person is plainly both a crime3 and a civil wrong.4 Notwithstanding the fact that the patient may desire the operation, the ‘defence’ of consent cannot possibly justify the serious injuries intentionally inflicted in the course of an operation to effect a kidney transplant, or to amputate a limb, or even to insert a stent, since these procedures are highly invasive and effect irreversible changes to the physicality of the patient(s).5 The ‘medical exception’ has consequently and consistently been invoked by legal commentators when considering cases of invasive surgery, or procedures which involve serious wounding.6 Since consent is no defence to serious assault,7 this exception to the general rule that to inflict such is to commit a crime must be justified by means other than an appeal to the 1 ‘Proper’ medical treatment is a prerequisite: Margaret Brazier and Sara Fovargue, Transforming Wrong into Right: What is ‘Proper Medical Treatment’?, in Sara Fovargue and Alexandra Mullock, The Legitimacy of Medical Treatment: What Role for the Medical Exception, (London: Routledge, 2016), p.12 2 See, generally, Sara Fovargue and Alexandra Mullock, The Legitimacy of Medical Treatment: What Role for the Medical Exception, (London: Routledge, 2016), passim. -
Regulations As to Intrants Faculty of Advocates
REGULATIONS AS TO INTRANTS FACULTY OF ADVOCATES July 2009 Edition REGULATIONS AS TO INTRANTS 31 July 1996 (As amended March 2004 and December 2006) FACULTY OF ADVOCATES 2 CONTENTS Page Introduction Procedure for Admission as an Intrant 4 Fees Payable by Intrants 6 Regulations General Regulations for Admission 7 Exemptions 12 Rights and Restrictions 17 Interpretation 18 Appendices A. List of Subjects Covered by Faculty Examinations 19 B. Rules for Conduct of Faculty Examinations 20 C. Admission Days 22 D. Certificates re Criminal Convictions and Proceedings, etc. 23 E. Transitional Provisions in Relation to the 24 Requirement of a Diploma in Legal Practice in Regulation 3(1)(b) F. Transitional Provisions in Relation to the 25 Requirement in Regulation 6(6) in respect of Entry Money G. Rules for dealing with objections made to the 26 admission to Membership of the Faculty of Candidates for Admission or Intrants in terms of Regulation 6(4) H. Aptitude Test 29 I. Transitional Provisions in Relation to the commencement 30 of pupillage before 31 December 1997 J. Transitional Provisions in Relation to the requirements 31 of Regulations 2(1)(d)(i), (ii) and (iii) 3 INTRODUCTION A candidate for admission to the Faculty is known as an "Intrant". The Clerk of Faculty is the officer responsible for advising Intrants and prospective Intrants about the procedure and requirements for admission to the Faculty. All enquiries should be addressed to: - The Clerk of Faculty Advocates' Library Parliament House Edinburgh, EH1 1RF Procedure for Admission of an Intrant An Advocate is not only a member of the Faculty of Advocates but also a member of the College of Justice and an officer of the Court. -
Studying EU Law in Scotland During and After Brexit
Studying EU Law in Scotland during and after Brexit Studying EU Law in Scotland during and after Brexit Open Access Resource First Edition First Edition Editors: Nicole Busby Rebecca Zahn In collaboration with the Scottish Universities Legal Network on Europe PUBLICATION FROM Scottish Universities Legal Network on Europe sulne.ac.uk This publication is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License First Edition – Published October 2017 Design and typesetting by Anthony Salamone Set in Source Sans Pro, used under the SIL Open Font License Studying EU Law in Scotland during and after Brexit Table of Contents Foreword Noreen Burrows and Jo Shaw Chapter 1 Introduction Nicole Busby and Rebecca Zahn Chapter 2 Study Skills Maria Fletcher, Tamara Hervey and Sarah McCloskey Chapter 3 The Vote to Leave the EU: Why Did It Happen and What Has Happened Since? Daniel Kenealy Chapter 4 Constitutional Law Aileen McHarg Chapter 5 Free Movement of Goods Andrew Farrer Chapter 6 Free Movement of Services and Freedom of Establishment Justin Borg-Barthet Chapter 7 Competition Law and Policy Arianna Andreangeli and Siobhan Kahmann Chapter 8 Free Movement of Persons and EU Citizenship Maria Fletcher and Nina Miller Westoby Chapter 9 Equality Law Nicole Busby, Muriel Robison and Michelle Weldon-Johns Chapter 10 Employment Law Rebecca Zahn Chapter 11 Environmental Protection and Law Miranda Geelhoed and Mara Ntona Chapter 12 Energy Law Aileen McHarg Table of Contents 3 Studying EU Law in Scotland during and -
User Guide to Recorded Crime Statistics in Scotland
User Guide to Recorded Crime Statistics in Scotland Justice Analytical Service October 2014 CONTENTS Page 1. Introduction ........................................................................................................ 4 2. Police Reform ..................................................................................................... 6 2.1 The Origins of Police Reform ........................................................................ 6 2.2 Consultation on Police Reform ...................................................................... 6 2.3 Police Scotland .............................................................................................. 7 2.4 Scottish Police Authority ................................................................................ 7 2.5 Her Majesty's Inspectorate of Constabulary in Scotland ............................... 7 3. Roles of Organisations ...................................................................................... 9 3.1 Police Scotland .............................................................................................. 9 3.2 Scottish Police Authority .............................................................................. 10 3.3 Her Majesty's Inspectorate of Constabulary in Scotland ............................. 10 3.4 Scottish Government ................................................................................... 10 4. Statistics from Police Scotland, the Scottish Police Authority and the Scottish Government ............................................................................................ -
Crime and Justice : Criminal Proceedings in Scotland, 2018-19
Criminal Proceedings in Scotland, 2018-19 This bulletin forms part of the Scottish Government series of statistical bulletins on the criminal justice system. Statistics are presented on criminal proceedings concluded in Scottish courts and on a range of measures available as alternatives to prosecution, which are issued by the police and by the Crown Office and Procurator Fiscal Service. Detailed figures for 2018-19 are presented, along with selected trends for the last ten years. Further detailed tables are published as background statistics on the Scottish Government Crime and Justice Statistics website. A total of 89,733 people were proceeded against in Scottish criminal courts in 2018-19, a fall of 6% on 2017-18 (95,557 proceedings). The number of convictions fell at the same rate (6%) down to 78,503 in 2018-19 (from 83,179 in 2017-18). This continues the general downward trend of the last ten years with the exception of a short term rise in court activity between 2012-13 and 2014-15 (Chart 1). Convictions in 2018-19 were 35% lower than the ten-year high of 121,041 in 2009-10. Chart 1: Number of people proceeded against and those convicted 160 Proceeded against 140 120 Thousands 100 80 Convictions 60 40 20 0 Contents Criminal Proceedings in Scotland, 2018-19 ........................................................... 1 Contents ................................................................................................................... 2 Key points .................................................................................................................. -
Scotland's Bastard Verdict: Intermediacy and the Unique Three-Verdict System
SCOTLAND'S BASTARD VERDICT: INTERMEDIACY AND THE UNIQUE THREE-VERDICT SYSTEM Joseph M. Barbato* Veredictum quasi dictum veritatis; utjudicium quasijuris dictumt I. INTRODUCTION In 1707, the separate kingdoms of Scotland and England reached an accord whereby each was dissolved and the two united into the new Kingdom of Great Britain.' After three hundred years, the Scottish Parliament has devolved from the larger Parliament of the United Kingdom.2 Scotland' s desire to retain sovereignty is apparent in -retrospect. For instance, one of the important Acts of Union between both countries' parliaments in the early 1700s was to preserve the separate identity of the Scottish legal system and institutions.3 This note will consider one small but emblematic part of Scotland's legal system, the verdict of "not proven." Part Two begins with the concept of Scotland's national identity, and follows the chronological development of the country's three-verdict system. With this foundation, two comprehensive legal reviews involving the not proven verdict, both of which resulted in its retention, are discussed. Part Three examines post-millennial developments in the not proven debate, and also compares how this uniquely Scottish verdict has made an imprint on the American legal system. Finally, Part Four takes into account renewed controversy in Scotland over the verdict, recognizing that the potential costs of doing away with "not proven" currently outweigh possible benefits. * J.D. candidate, May 2005. M.F.A., Purdue University, 2002. B.A., Purdue University, 1998. The author would like to thank his wife, Hannah, for her love, support, and forbearance throughout the law school experience. -
Report of a Complaint Handling Review in Relation to Police Scotland
PIRC/00100/17 | September 2017 Report of a Complaint Handling Review in relation to Police Scotland independent and effective investigations and reviews independent and effective investigations and reviews PIRC/00100/17 | September 2017 Index 1. Role of the PIRC 2. Key findings 3. Background 4. The Review 5. Conclusions Page | 1 PIRC/00100/17 | September 2017 1. Role of the PIRC Sections 34 and 35 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (“the Act”) provide that the Police Investigations and Review Commissioner (“the PIRC”) may examine the manner in which particular kinds of complaints are dealt with by Police Scotland and the Scottish Police Authority. Through agreements with UK police bodies operating in Scotland, the PIRC may also examine the manner in which these bodies deal with complaints. The PIRC cannot review complaints of criminal behaviour against police officers or police staff, or complaints made by persons serving, or who have served with the police, about the terms and conditions of their service. In performing this review function, the PIRC obtains information from the police body which dealt with the complaint. This information is considered together with information provided by the person who made the complaint (“the applicant”). An assessment is then made as to whether in all the circumstances the complaint was dealt with to a reasonable standard. Among the factors taken into account when making this assessment are the following: whether sufficient enquiries into the complaint have been carried out by the policing body; whether the policing body’s response to the complaint is supported by all material information available; whether in dealing with the complaint the policing body has adhered to all relevant policies, procedures and legal provisions; whether the policing body’s response to the complaint is adequately reasoned; and where the complaint has resulted in the policing body identifying measures necessary to improve its service, whether these measures are adequate and have been implemented. -
Summary Procedure – Preliminary Plea
1.19 Criminal court procedure As we are already aware, criminal trials in Scotland are conducted under two types of procedure: ◆ Summary ◆ Solemn Less serious crimes are dealt with under summary procedure where a judge sits alone, i.e. the presiding judge is therefore ‘master of the facts’ and will determine the appropriate sentence to be handed down if the accused is found guilty. On the other hand, more serious crimes are conducted under solemn procedure where usually one judge sits with a jury of 15. In this type of trial, the jury is said to be ‘master of the facts’ and the judge’s role is merely to impose the penalty if the guilt of the accused is established beyond reasonable doubt. We shall look at the workings of both types of criminal procedure in turn. Summary procedure – preliminary plea As the name suggests, summary procedure is supposed to deal with minor crimes relatively quickly and efficiently and is used in the Justice of the Peace Court and the Sheriff Court. A judge presides and no jury is present. The accused person is prosecuted on complaint. A complaint is the document which outlines the specific nature of the criminal offence that the accused will have to answer at the trial. KEY POINT: Summary procedure is supposed to deal with minor crimes relatively quickly and efficiently and is used in the Justice of the Peace Courts and the Sheriff Court. The First Calling The first time that the prosecution and the defence lawyers appear in court will be at the First Calling. -
Scottish Criminal Justice System: the Police)
Scottish Criminal Justice System Background The Act of Union 1707 between Scotland and England permitted Scotland to retain its separate legal system, which continued to be administered in Scotland. This meant that, prior to devolution, the Scottish justice system had its own court system, its own police forces, its own prosecution service and its own prison and criminal justice social work services. The 1998 Scotland Act devolved a range of powers from Westminster to the reconvened Scottish Parliament, which included legislative powers to administer the Scottish legal system. Legislative powers over some areas, including terrorism and legal safeguards for human rights, remain reserved to the United Kingdom. In addition, the Supreme Court, which was established in October 2009, sits as a Scottish Court to hear appeals from civil cases arising in Scotland, and also hears criminal cases where human rights are at issue. However, in most cases, final appeals relating to criminal cases continue to be heard by Scottish courts. (All the above information from Joyce (2004) - book section available here). The 2008 Act also devolved executive powers to the Scottish Government. The Cabinet Secretary for Justice has overall responsibility for criminal justice in Scotland, which includes “the justice system, security, access to justice, criminal law and procedure, civil law, the police, the legal profession, courts, sentencing, prisons and prisoners, victims and witnesses, reducing reoffending, youth justice, criminal justice social work, community safety, fire and rescue services, anti-social behaviour, drugs policy, violence reduction, anti-sectarianism and liquor licensing” (Scottish Government website.) The Scottish Parliament is responsible for scrutinising the policy and legislative proposals of the Scottish Government, and the Justice Committee fulfils much of the scrutiny in relation to criminal justice. -
PLAGIUM: ‘AN ARCHAIC and ANOMALOUS CRIME’ Jonathan Brown*
1 PLAGIUM: ‘AN ARCHAIC AND ANOMALOUS CRIME’ Jonathan Brown* * PhD Candidate and law tutor at Strathclyde University 2 INTRODUCTION In the case of SB v HMA,1 the per curiam opinion of the Court of Criminal Appeal, delivered by Lord-Justice Clerk Carloway, held that any person who abducts a ‘pupil’ child2 may be charged with the crime of plagium.3 The crime of plagium is ‘an aggravated form of theft’.4 In Scotland, the crime of theft involves the wrongful and intentional appropriation of a corporeal thing which is owned by another person.5 Moveable corporeal things may be termed ‘goods’;6 the ‘goods’ which are stolen in instances of plagium are prepubescent children. The aggravation in a charge of plagium arises as a result of the importance ascribed to the stolen object, not for any other reason.7 The child is consequently considered to be an object of ‘property’ in the eyes of Scotland’s criminal law.8 This raises an uncomfortable question: Are children regarded as mere things according to the law of Scotland? The answer would appear to be, prima facie, a resounding ‘no’. If, as is generally asserted,9 the human body itself cannot is not regarded as a mere thing by law,10 one may reasonably presume that the living body of a child cannot be considered such. One may only make this presumption, however, if one eschews consideration of the illiberal roots of Scots 1 [2015] HCJAC 56 2 Understood as a boy under the age of 14, or a girl under the age of 12: Hansard, Age of Legal Capacity (Scotland) Bill, HL Deb 01 July 1991 vol.530 cc866-82, p.879 3 SB v HMA [2015] HCJAC 56, para.20 4 Brouilliard v HM Advocate (2004) JC 176 5 Sheriff Cubie, Scots Criminal Law, (3rd Edition) para.14.1 6 Sale of Goods Act 1979 c.54, s.61(1) 7 Downie v HMA (1984) SCCR 365, Sir Archibald Alison, Principles of the Criminal Law of Scotland, (Oxford: W.