Section C
The Law of Scotland
The Law of Scotland is both separate from and different to the law if England.
Our laws are based on the principles of Roman Law.
The Law in Scotland can be split into two parts:
Criminal Law
and
Civil Law
The differences between them are explained below:
What theyDeal with / What the court does / Examples
Of cases / Outcomes
Criminal Law / Crimes / Punishes
offenders / Murder,
rape, theft / Prison, fines,
Community
service
Civil
law / Disputes between
individuals / Gives judgments, / Divorce, breaches of contract / Orders action,
e.g. divorce awards compensation
Work Unit 4
1. Copy the table into your jotter.
2. On what principles is Scottish Law based?
3. What are the two parts that Scots Law can be split into?
4. Explain the differences between the two parts of Scots Law.
The Courts in Scotland
Scotland has 4 levels of Criminal Court. The type of court a case will be held in depends on the seriousness of the crime committed. If an accused person is unhappy with the sentence they receive in a Court they can appeal to a higher court for a change in the verdict or the sentence.
Lawyers in Scotland
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Section C
For the Defence
Solicitors
Most lawyers in Scotland are solicitors. They deal with a wide range of legal matters. There are about 5,000 solicitors in Scotland. They are allowed to represent their clients in District and Sheriff Courts but are not allowed to represent clients in the higher courts.
Advocates
There are about 400 advocates in Scotland. They are the specialists of the legal profession. They can represent their clients in all the courts of Scotland. Advocates are ‘instructed’ by a solicitor. This means that a person appearing in Court on a serious charge will have to employ a solicitor and an advocate.
When an advocate has gained a certain amount of experience they can apply to become a Queen’s Counselors (Q.C). Once they have become a Q.C. they will be able to deal with the most complicated of cases. Becoming a Q.C. is sometimes referred to as ‘Taking silk’. This is because a Q.C. is entitled to wear a silk trimming to their gown. Q.C.’s are sometimes referred to as Silks. To employ an advocate, particularly a Silk, is a very expensive business. Many Q.C.s can demand a fee of £4000 per day.
For the Prosecution
Procurator Fiscal
Scotland is divided into a number of areas known as Sheriffdoms. In each a Procurator Fiscal is appointed. They are assisted by a number of Depute Procurator Sheriffs. Procurators must be qualified solicitors or advocates. They are responsible for prosecuting in less important cases. In cases which must be tried in the High Court he must report these to the Lord Advocate.
The Lord Advocate
Prosecution in the most serious of cases is the responsibility of a Government Minister called the Lord Advocate. If the case is extremely important the Lord Advocate or their Deputy the Solicitor General will personally conduct the case. In less important cases an advocate called an Advocate Depute will appear. There are about 10 Advocate Deputes.
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Section C
Plan of a typical High Court
Work Unit 5
1. From page 11 draw the diagram of the four courts.
2.Name the four types of Criminal Court in Scotland?
3. Explain what a lay-magistrate is.
4. Which of our Courts deals with the most serious crimes first of all?
5.In which Courts are solicitors allowed to represent their clients?
6. What is a Q.C and what do they do?
7. Why do many advocates want to become QC’s?
8.Why are QC’s called ‘silks’?
9.What is the job of a Procurator Fiscal?
10.In the most important cases who appears in Court for the prosecution?
11.Copy the diagram of a typical High Court.
Legal Procedure in Scotland
The rules under which the Courts in Scotland operate are quite different from the Courts of England and Wales. Below are some examples:
The Sheriff Court
The diagram above is a Sheriff Court sitting on a case of Solemn Procedure. Solemn procedure means that the case is being heard by a judge and jury. Examples of the type of case which would be held in the Sheriff Court would be: assault, theft, embezzlement
Work Unit 6
1. Explain the differences between the jury system in England and Scotland?
2. Explain what is meant by ‘Corroboration of Evidence’?
3. Why do you think there are no ‘Opening Statements’ in Scottish trials?
4. Explain what is meant by the ‘Presumption of Innocence’?
5. What types of cases face a ‘solemn procedure’?
6.Copy the diagram of the Sheriff Courtinto your jotter.
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