Scottish Criminal Evidence Law

Current Developments and Future Trends

Peter Duff, Pamela R. Ferguson (Herausgeber)

Buch | Softcover

296 Seiten

2019
Edinburgh University Press (Verlag)
978-1-4744-1478-4 (ISBN)

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This book gathers leading experts in the field to analyse the recent, major changes in Scots 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 corroboration.

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

Peter Duff is Professor of Criminal Justice at the University of Aberdeen School of Law. He is contributing author to: Victims in the Criminal Justice System, The Jury Under Attack, Criminal Injuries Compensation, Juries: A Hong Kong Perspective and Criminal Justice in Scotland. He has also published in the following journals: Juridical Review, Edinburgh Law Review, Oxford Journal of Legal Studies, International and Comparative Law Quarterly, Modern Law Review, Criminal Law Review, British Journal of Criminology, Scots Law Times. In 1999, he was appointed as one of the first members of the new Scottish Criminal Cases Review Commission, which investigates alleged miscarriages of justice, and was a Commissioner until 2007. He was also a member of the McInnes Committee on Summary Criminal Justice, which sat in 2002-2003. Pamela Ferguson is Professor of Scots Law at the University of Dundee.

Table of Cases

Table of Legislation

IntroductionPeter Duff and Pamela Ferguson

1. Cadder and Beyond: Suspects’ Rights and the Public InterestClaire McDiarmid

2. ‘Access to Justice’ For Complainers? The Pitfalls of the Scottish Government’s Case to Abolish CorroborationIlona Cairns

3. The Relevance of Sexual History and Vulnerability in the Prosecution of Sexual OffencesLiz Campbell and Sharon Cowan

4. Similar Fact Evidence And Moorov: Time for Rationalisation?Fraser P. Davidson

5. Hearsay in Scots Law: Rethinking and ReformingGerry Maher QC

6. Eyewitness Identification Evidence And Its Problems: Recommendations for ChangePamela 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

Erscheinungsdatum	23.02.2019
Verlagsort	Edinburgh
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Geisteswissenschaften ► Geschichte ► Regional- / Ländergeschichte
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Strafrecht ► Strafverfahrensrecht
ISBN-10	1-4744-1478-8 / 1474414788
ISBN-13	978-1-4744-1478-4 / 9781474414784
Zustand	Neuware