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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 ...
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 Royal Courts of Justice in London, home of the Senior Courts of England and Wales. English and Welsh law (or just English law) refers to the legal system administered by the courts in England and Wales, which rule on both civil and criminal matters. English and Welsh law is based on the principles of common law. [12]
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.
(For treason in English law in 1708 and today, see High treason in the United Kingdom.) Since 1708 treason law in Scotland has generally remained the same as in England. 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]
The nature of Scots law before the 12th century is largely speculative but most likely was a folk-right system applying a specific customary legal tradition to a certain culture inhabiting a certain corresponding area at the time, e.g. Brehon law for the Gaels (Scoti and men of Galloway and Ayrshire), Welsh law for lowland Britons of Yr Hen Ogledd, Udal law for the Norse of Caithness and the ...
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.
In general, treason law in Scotland remained the same as in England, except that when in England the offence of counterfeiting the Great Seal of the United Kingdom etc. (an offence under other legislation [18]) was reduced from treason to felony by the Forgery Act 1861, that Act did not apply to Scotland, and though in England since 1861 it has ...