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Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder , culpable homicide , rape and assault , offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace .
The United Kingdom, judicially, consists of three jurisdictions: England and Wales, Scotland, and Northern Ireland. [4] There are important differences among Scots law, English law and Northern Irish law in areas such as property law, criminal law, trust law, [8] inheritance law, evidence law and family law while there are greater similarities in areas of UK-wide interest such as commercial ...
Moorov v His Majesty's Advocate 1930 JC 68 is a Scots criminal and evidence law case that concerns admissibility of similar fact evidence. [1] The High Court of Justiciary established the Moorov doctrine [2] in its judgment, which is predominantly used in criminal prosecutions involving allegations of rape and sexual abuse.
The Treaty of Union between Scotland and England, which formed the Kingdom of Great Britain, required that the High Court of Justiciary "remain in all time coming, as it is now constituted by the laws of [the Kingdom of Scotland]." As a result, the Courts Act 1672 continues to be the original source of the court's authority to regulate.
There are two kinds of criminal trial in England and Wales: "summary" and "on indictment". For an adult, summary trials take place in a magistrates' court, while trials on indictment take place in the Crown Court. Despite the possibility of two venues for trial, almost all criminal cases, however serious, commence in the magistrates' courts.
However while the offence of counterfeiting the Seal of Scotland was removed from English treason law in 1861, [3] it is still treason in Scottish law. [4] Also counterfeiting the Great Seal of Great Britain (which was treason under another Act [ 5 ] ) ceased to be treason in England and became a felony in 1861.
Following the Criminal Appeal (Scotland) Act 1926 (16 & 17 Geo. 5. c. 15), when the Scottish High Court of Justiciary hears criminal appeals, it is known as the Court of Criminal Appeal. The Criminal Appeal (Scotland) Act 1927 (17 & 18 Geo. 5. c. 26) was passed the following year specifically to deal with the Case of Oscar Slater.
An Introduction to English Legal History. Third Edition. Butterworths. 1990. Chapters 28 and 29. John Hamilton Baker, "Pleas of the Crown" (1978) 94 Selden Society annual volumes 299; J M Kaye et al. "The Making of English Criminal Law" (1977 to 1978) Criminal Law Review; John G Bellamy. Criminal Law and Society in Late Medieval and Tudor England.