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A work-in-progress guide to Scottish criminal law
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Concepts
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Common Law and Statutory Offences
Concert / Art and Part Liability
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Offences
Assault
Attempting to Pervert the Course of Justice / Attempting to Defeat the Ends of Justice
Breach of the Peace
Carrying Bladed or Pointed Articles (s49 CL(C)(S)A 1995)
Carrying Offensive Weapons (s47 CL(C)(S)A 1995)
Culpable and Reckless Conduct
Culpable Homicide
Embezzlement
Fire-raising
Fraud
Grossly Offensive Messages (etc): Communications Act 2003 s127(1)
Murder
Rape
Reset
Sexual Assault
Sexual Assault by Penetration
Sexual Coercion (s4-6 of the 2009 Act)
Theft
“Threatening or Abusive Behaviour” – Criminal Justice and Licensing (Scotland) Act 2010 s38
Defences
Alibi
“Automatism” – Involuntary Actions
Coercion
Consent
Incrimination
Insanity & Mental Disorder
Necessity
Provocation
Self Defence
Sentences
Absolute Discharge
Admonition
Caution
Compensation Orders
Community Payback Orders
Drug Treatment and Testing Order (DTTO)
Fines
Imprisonment and Detention
Order for Lifelong Restriction
Restriction of Liberty Orders
Procedure
The Criminal Courts
COPFS and their initial options
Summary or Solemn Procedure?
Bail
Summary Procedure
1. The Complaint
2. The First Appearance
3. The Intermediate Diet
4. Trial
Solemn Procedure
1. The Petition
2. Appearance on Petition & Full Committal
3. Pleading Guilty by Section 76 Procedure
4. The Indictment
5. The Preliminary Hearing / The First Diet
6. Jury Trial
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