Criminal Proceedings and Defence Rights in Scotland
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Statement of Standards for Solicitor Advocates – Performance Indicators
Solicitors (Scotland) Act 1980 section 25A (http://www.legislation.gov.uk/ukpga/1980/46) Rights of Audience in the Court of Session, the High Court of Justiciary, the Supreme Court and Judicial Committee of the Privy Council Statutory requirements: 1) Completion to the satisfaction of the Council of a course of training in evidence and pleading in relation to proceedings in the Courts to which rights of audience are sought 2) Has such knowledge as appears to the Council to be appropriate of (1) the practice and procedure of and (2) professional conduct in regard to those Courts 3) That the Council is satisfied that the applicant is, having regard among other things to the applicant’s experience in appropriate proceedings in the sheriff court, otherwise a fit and proper person to have a right of audience in those Courts Rules C4:1 Rights of Audience in the Civil Courts (http://www.lawscot.org.uk/rules- and-guidance/section-c-specialities/rule-c4-solicitor-advocates/rules/c41-rights-of- audience-in-the-civil-courts/), C4:2 Rights of Audience in the Criminal Courts (http://www.lawscot.org.uk/rules-and-guidance/section-c-specialities/rule-c4-solicitor- advocates/rules/c42-rights-of-audience-in-the-criminal-courts/), C4:3 Order of Precedence, Instructions (http://www.lawscot.org.uk/rules-and-guidance/section-c- specialities/rule-c4-solicitor-advocates/rules/c43-order-of-precedence,-instructions- and-representation/), and Representation and C4:4 Conduct of Solicitor Advocates (http://www.lawscot.org.uk/rules-and-guidance/section-c-specialities/rule-c4-solicitor- advocates/rules/c44-conduct-of-solicitor-advocates/) apply. -
Practice Direction 23 Court Applications
Practice Direction 23 Court Applications Date Issued: 21 June 2013 Date Implemented: 24 June 2013 Date Last Revised: 26 January 2015 SUMMARY Role of Reporters and General Principles Reporters are to: • promote the general principles in relation to the welfare of the child being paramount, views of the child and minimum intervention as they apply to court applications1, • be fair, knowledgeable and proficient in relation to relevant statutory provisions and court procedures, and • in proof applications make all reasonable efforts to bring about a prompt decision in relation to the application. Process of proof applications A proof application must be made within 7 days of the grounds hearing. The court rules set out the form of application. A proof application must be heard within 28 days of being lodged. Jurisdiction of proof applications An application in relation to offence grounds must be made to the sheriff who would have jurisdiction if the child were being prosecuted for the offence. For non-offence grounds, the application must be made to the sheriff court district where the child is habitually resident. On cause shown, the sheriff may remit any application to another sheriff court. Service, attendance and representation in proof applications The sheriff may dispense with (i) service of all or part of the application on the child, and (ii) the attendance of the child. Reporters must include information on dispensing with service and attendance in the application (if applicable). On receipt of the warrant to cite, the reporter must forthwith serve this and a copy of the application on the child (unless service has been dispensed with), each relevant person and any safeguarder. -
Annual Report 2016–2017
Annual Report 2016–2017 Annual Report 2016–2017 Published pursuant to section 18 of the Judiciary and Courts (Scotland) Act 2008 Laid before the Scottish Parliament by the Scottish Ministers SG/2017/132 © Judicial Appointments Board for Scotland (JABS) copyright 2017 The text in this document (this excludes, where present, the Royal Arms and all departmental or agency logos) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not in a misleading context. The material must be acknowledged as JABS copyright and the document title specified. Where third party material has been identified, permission from the respective copyright holder must be sought. Any enquiries regarding this publication should be sent to us at: Judicial Appointments Board for Scotland Thistle House 91 Haymarket Terrace Edinburgh EH12 5HD E-mail: [email protected] This publication is only available on our website at www.judicialappointments.scot Published by the Judicial Appointments Board for Scotland, September 2017 Designed in the UK by LBD Creative Ltd Annual Report 2016–2017 Contents Our aims ii Foreword 1 Introduction and Membership 3 Committees and Groups 6 Diversity 11 Appointment Rounds 12 Meetings and Outreach 20 Tribunals 21 Complaints 22 Freedom of Information 23 Secretariat 24 Website 25 Financial Statement 26 Annex 1: Board Members and Lay Selection Panel Members 27 Annex 2: Board Member Attendance 33 i i JUDICIAL APPOINTMENTS BOARD FOR SCOTLAND Our aims are: To attract applicants of the highest calibre, to encourage diversity in the range of those available for selection, and to recommend applicants for appointment to judicial office on merit through processes that are fair, transparent and command respect. -
'NO CASE' SUBMISSION Unlawful Sexual Intercourse-13 Years Old - Is the Lesser Offence Included in the Greater - Prejudicial Vs
COMMONWEALTH OF THE BAHAMAS IN THE SUPREME COURT CRIMINAL DIVISION CRI/VBI/182/8/2018 BETWEEN THE DIRECTOR OF PUBLIC PROSECUTIONS -V- DWAYNE BENJAMIN DECOSTA UNLAWFUL SEXUAL INTERCOURSE WITH A PERSON UNDER FOURTEEN YEARS OF AGE CONTRARY TO SECTION 10(1) (A) OF THE SEXUAL OFFENCES ACT, CHAPTER 99 Before: The Honourable Madam Justice Cheryl Grant- Thompson Appearance: Ms. Jacqueline Burrows and Mr. Perry McHardy for the Prosecution - Director of Public Prosecutions Mr. Murrio Ducille for the Defence Hearing Dates: 11 & 17 September, 2019 RULING ON 'NO CASE' SUBMISSION Unlawful Sexual Intercourse-13 years old - is the lesser offence included in the greater - prejudicial vs. probative - R v Galbraith Headnote: Regina v Dwayne Benjamin DeCosta Indictment No. 182/8/2018 Supreme Court Grant-Thompson J Brief Facts: The Defendant Dwayne DeCosta was charged with the Unlawful Sexual Intercourse of A.B. (a juvenile), contrary to section 10(1)(a) Sexual Offences Act, Ch. 99. The virtual complainant was declared an adverse witness in the Trial. She said he did nothing sexual to her. A.B. said she threw water in her mother's bed on the morning of the incident. Her mother dropped her off to her dad. The dad was on a cruise. A neighbour took her to the East Street South Police Station on 14 July 2018. It was a Saturday. The defendant was at work. He accepts he took her outside the station. She said they went upstairs outside the building. She claims (adversely) that nothing happened in the vacant room upstairs. There was recent complaint - a female Sergeant who saw her return looking distressed. -
Adam Mckinlay
Advocates Library, Parliament House, Edinburgh, EH1 1RF Telephone: 0131 226 2881 Facsimile : 0131 225 3642 DX ED 549302, Edinburgh 36, LP3 Edinburgh 10 Adam McKinlay Year of Call: 2018 [email protected] 07753 267455 Professional Career to date Devil Masters: Chris Paterson, Dan Byrne, Sarah Livingstone 2017-2018: Devil, Faculty of Advocates 2015-2017: Solicitor Advocate & Associate, Brodies LLP 2012-2015: Senior Solicitor, Brodies LLP 2010-2012: Solicitor, Brodies LLP 2008-2010: Trainee, Brodies LLP Education & Professional Qualifications Lord Reid Scholarship, Faculty of Advocates (2017-2018) Chartered Insurance Institute, Diploma in Insurance (2014) Diploma in Legal Practice, University of Edinburgh (2008) LLB (Hons) (First Class), University of Edinburgh (2007) Academic Prizes: Lord President Cooper Memorial Prize (2007) – Honours Student of Outstanding Distinction John Hastie Scholarship (2007) – best performance in Ordinary courses by an LLB graduate Miller Prize (2005) – class prize for Commercial Law Tods Murray Scholarship (2005) – combined prize for Commercial and Property Law James Craig Howie Memorial Prize (2005) – combined prize for private law subjects McGrigors Prize (2005) – combined prize for Commercial Law, Property and Taxation Margaret Balfour Keith Prize (2004) – class prize for Public Law Thow Scholarship (2004) – class prize for Obligations Areas of Expertise Professional Liability Construction and Engineering Commercial Contracts Commercial Property Public Law, Judicial Review and Human Rights Alternative Dispute Resolution Professional Experience Adam called to the Bar in 2018 as the Lord Reid Scholar 2017-18. Adam’s areas of practice are commercial and public law. He has a particular expertise in professional negligence actions. He also regularly acts for clients in construction, property and contractual disputes and has significant experience of obtaining interim orders. -
Civil Courts Online Survey Summary- Analysis of Research April 2021
Law Society of Scotland Civil Courts Online Survey Summary- Analysis of Research April 2021 Introduction The Law Society of Scotland is the professional body for over 12,000 practising Scottish solicitors. We are a regulator that sets and enforces standards for the solicitor profession which helps people in need and supports business in Scotland, the UK and overseas. We support solicitors and drive change to ensure Scotland has a strong, successful and diverse legal profession. We represent our members and wider society when speaking out on human rights and the rule of law. We also seek to influence changes to legislation and the operation of our justice system as part of our work towards a fairer and more just society. The coronavirus pandemic continues to affect each and every one of us. Over the last year we have had to adapt both our working and our personal lives in order to minimise the spread of infection and save lives. While there appears at present to be some progress with regard to easing of current restrictions, we will all be required to adapt our daily lives for the foreseeable future. This research is the latest in a number of Covid-19 related reports by the Society since the outbreak of the pandemic which have been undertaken to gain a better understanding of the impact coronavirus has had on the profession. It is anticipated that this research into remote civil court procedures and the use of technology in remote civil courts will help inform discussions with key stakeholders such as Scottish Government, Scottish Courts and Tribunals Service (SCTS) and Scottish Legal Aid Board (SLAB) as to how civil courts can better operate during the pandemic. -
Guide to Professional Conduct
FACULTY OF ADVOCATEADVOCATESSSS GUIDE TO THE PROFESSIONAL CONDUCT OF ADVOCATEADVOCATESSSS Published by the Faculty of Advocates, Parliament House, Edinburgh First Published June 1988 Second Edition January 2005 Third Edition June 2006 Fourth Edition August 2007 Fifth Edition October 2008 CONTENTS Chapter Introduction Note 1. The Status, Rights and Obligations of an Advocate 2. The General Principles of Professional Conduct 3. Duties in Relation to the Faculty and other Advocates 4. Duties in Relation to the Instructing Agent 5. Duties in Relation to the Client 6. Duty to the Court and Duties Connected with Court and Similar Proceedings 7. Duty to Seek Advice 8. Instructions 9. Fees 10. Advertising, Publicity, Touting and Relations with the Media 11. Discipline 12. Dress 13. Duties of Devilmaster 14. Continuing Professional Development 15. Discrimination 16. Non Professional Activities of Practising Advocate 17. Advocates Holding a Public Office and Non-practising Advocates 18 . Work Outside Scotland 19. European Lawyers Appearing in Scotland 20. Registered European Lawyers 21. Precedence of Counsel of Other Bars 22. Proceeds of Crime Act 2 Appendices Appendix A The Declaration of Perugia Appendix B Code of Conduct for European Lawyers produced by the CCBE Appendix C Faculty of Advocates Continuous Professional Development Regulations Appendix D Direct Access Rules and associated documents Appendix E Guidance in relation to Proceeds of Crime and Money Laundering 3 INTRODUCTION The work of an Advocate is essentially the work of an individual practitioner whose conscience, guided by the advice of his seniors, is more likely to tell him how to behave than any book of rules. In places in this Guide, it has been found convenient to state "the rule" or "the general rule". -
Retrying the Acquitted in England, Part I: the Exception to the Rule Against Double Jeopardy for "New and Compelling Evidence"
Retrying the Acquitted in England, Part I: The Exception to the Rule Against Double Jeopardy for "New and Compelling Evidence" DAVID S. RUDSTEIN* TABLE OF CONTENTS 1. IN TRO DU C T ION .................................................................................................. 3 8 8 I1. THE CRIM INAL JUSTICE A CT 2003 ..................................................................... 392 I11. THE DOUBLE JEOPARDY PRINCIPLE .................................................................... 398 A . H istory ..................................................................................................... 3 9 8 B. Policies Underlying the Rule Prohibitinga Retrial Following an A cquittal ............................................................................ 403 1. Preservingthe Finalityof Judgments ............................................... 405 2. M inimizing PersonalStrain .............................................................. 408 3. Reducing the Risk of an Erroneous Conviction ................................. 411 4. Protectingthe Power of the Jury to Acquit Against the E vidence ......................................................................... 4 14 5. EncouragingEfficient Investigation and Prosecution ...................... 415 6. Conserving Scarce Prosecutorialand Judicial Resources................ 416 7. PreventingH arassment ..................................................................... 4 16 8. Maintainingthe Public's Respect and Confidence in the L egal System .............................................................................. -
Practice Notes for Safeguarders on Court
PRACTICE NOTES FOR SAFEGUARDERS ON COURT Part I PRACTICE POSITIONS including statements of practice expected from Safeguarders. Part II INFORMATION including relevant law, structures and roles relevant to court. Part III PRACTICE including step-by-step process and potential contributions. January 2019 PRACTICE NOTE FOR SAFEGUARDERS ON COURT FOREWORD Court proceedings are involved in the Children’s Hearings System to allow challenge to grounds or decisions that justify compulsory intervention in a child and a family’s life. The court is a different context to that of a Children’s Hearing. There is often a lot at stake for children and their families and it can be difficult to understand and participate in what are more formal processes. The Safeguarder has an important role to play in keeping the child at the centre and safeguarding the interests of the child during the child’s involvement in this part of the hearings system. The Safeguarder is the only role tasked exclusively with this focus. It is important that Safeguarders are able to perform their role to the highest of standards and in doing so, never lose sight of the individual child and their needs whilst these proceedings are ongoing. Practice Notes supplement the Practice Standards for Safeguarders by providing further clarity on the expectations of Safeguarder practice and conduct. 2 PRACTICE NOTE FOR SAFEGUARDERS ON COURT Contents PRACTICE NOTE ON COURT – PART I - PRACTICE POSITIONS ............................................................. 6 Introduction ...................................................................................................................................... -
'Where's Kilbrandon Now?': Reviewing Child Justice in Scotland
'Where's Kilbrandon Now?': reviewing child justice in Scotland Maggie Mellon reports on 'Where's Kilbrandon Now?', the inquiry into the future of the Scottish children's hearing system. Child Justice in Scotland is based on a system of hearings have been somewhat wrapped in cotton hearings held by panels .It was established in 1968, wool. The protective instincts of the various 'keepers' in response to a report by Lord Kilbrandon, a senior of the system, (18 years of which were under Scottish laws lord. In recent years the hearings Conservative governments) have indeed preserved system has come under criticism for being 'too soft', the system, but at a cost. There was very little and there have been calls to take child justice back evaluation of what actually happened at hearings, and to the courts. how and why decisions were made. Did children and young people and their families feel consulted? Was ut dated? Too soft? Over-burdened? Under- there clarity about rights and responsibilities? resourced? These were some of the There was even less evaluation of outcomes - Oquestions that NCH Scotland posed in our what happens during home supervision orders? What inquiry into the future of the children's hearings happens to children taken away from home on system in post-devolution Scotland. residential supervision orders? Is secure care The hearings system, established 30 years ago necessary for all the children who are authorised for in the wake of the Kilbrandon report, reflected a this extreme measure? Why do so many young men forward-looking and confident civic Scotland, go straight from the hearing system to the adult courts willing and able to take a radical and informed and then often straight to jail at the age of only 16 or approach to 'delinquent' and deprived children and 17? young people. -
Laura Thomson | Arnot Manderson Advocates
[email protected] 0131 260 5824 Year of Call LAURA THOMSON 2014 Devil Masters Ruth Charteris QC Ruth Innes QC Morag Ross QC Thomas L Ross QC Practice Profile Since calling to the Bar, Laura has established and maintained a busy and varied civil practice, centering on personal injury and professional negligence claims. She is regularly instructed in fatal cases and claims arising from catastrophic injuries, and actions which have as their subject matter clinical negligence, sexual abuse, harassment, industrial disease, employers' liability and road traffic accidents. Laura has recently been appointed as Junior Counsel to the Sheku Bayoh Public Inquiry. Laura is a Standing Junior to the Scottish Government and in that capacity has experience of public law. She has represented the Scottish Ministers in several recent appeals to the Land Court. Laura also has an interest in professional disciplinary work, and has represented clients before the disciplinary committees of the Nursing and Midwifery Council and the Architects Registration Board. From 2009-2012, Laura held the office of Advocate Depute. In this role, she prosecuted (as lead Counsel) many high-profile, difficult and anxious cases before the High Court of Justiciary. These included murder, culpable homicide, armed robbery, causing death by dangerous driving, rape, and the sexual abuse of children. Laura has extensive experience of preparing and presenting cases which are both factually and legally complex, and in which expert evidence has been led. Laura's appointment as an Advocate Depute followed a long and successful career in the Crown Office, during which time she held a number of specialised legal posts, including the investigation of sudden, suspicious and unexpected deaths and the conduct of Fatal Accident Inquiries; precognoscing and indicting cases for trial in the High Court; and international co-operation in the investigation and prosecution of crime. -
Consideration of Applications for Bail and No Case Submission in The
Protocol I feel delighted and indeed, honoured to be invited as a resource person at this convocation of learned minds. My sincere thanks goes to the indefatigable, elegant and visionary Administrator of the National Judicial Institute, Hon. Justice R.P.I. Bozimo OFR, her management team and staff who have ensured that the standard of training offered by this Institute is maintained, in conformity with current trends in the legal profession and in the administration of justice in Nigeria. My thanks is also extended to my Chief Judge, Hon. Justice Iorhemen Hwande OFR who has graciously released me to function at this programme. Introduction The topic of my paper is ‘Consideration of Application for Bail and No Case Submission in the Magistrates’ Court.’ Without doubt, the topic has a ring of familiarity in the daily discharge of your magisterial duties at your various jurisdictions. Since it is a familiar topic, my job is made easier as I expect us to interact freely in discussing the topic and share your experiences in your various courts. As you can see, the topic addresses two different subjects in criminal law, namely: “Application for Bail” and “No Case Submission.” In this discourse I will address both subjects one after the other as they relate to practice and procedure in the Magistrates’ Court. The Meaning of “Bail” The word “Bail” according to Blacks Law Dictionary Eighth Edition is: “A security such as cash or bond, especially required by a court for the release of a prisoner who must appear at a future time.” (p. 150) The main purpose of bail therefore is to secure the presence of the accused person for his trial.