JUDICIAL SYSTEM IN SCOTLAND (FROM NEW POLICE SURGEON - A PRACTICAL GUIDE TO CLINICAL FORENSIC MEDICINE, 1978, BY H S BURGES AND J E HILTON - SEE NCJ-61742)

• NCJ Number: 61763
• Author(s): P JAGO
• Date Published: 1978
• Length: 13 pages
• Corporate Author: Hutchinson Benham Ltd
• Publication Format: Document
• Language: English
• Country: United Kingdom

Annotation

THE ORGANIZATIONAL STRUCTURE OF THE JUDICIAL SYSTEM OF SCOTLAND IS DESCRIBED FOR VIEWING THE POLICE SURGEON'S ROLE IN ITS PROPER CONTEXT; TOPICS INCLUDE LEGAL TERMS, OFFENSES, AND PROCEDURE.

Abstract

A PROVISION OF THE 1707 TREATY OF UNION ALLOWED THE SCOTS TO KEEP THEIR OWN LEGAL SYSTEM. FOR THOSE INVOLVED IN THE PRACTICE OF FORENSIC MEDICINE IT MEANS THAT SCOTTISH COURTS HAVE FUNDAMENTAL DIFFERENCES FROM THE ENGLISH EQUIVALENT. IN SCOTLAND, THERE ARE NO COMMITTAL PROCEEDINGS; THE FIRST PUBLIC HEARING OF EVIDENCE IS AT THE ACTUAL TRIAL. ESSENTIAL FACTS IN EVERY CRIMINAL CASE REQUIRE CORROBORATION. THUS, EVIDENCE GIVEN BY A POLICE SURGEON MAY BE CORROBORATED BY ANOTHER DOCTOR OR BY A POLICE OFFICER. IN CONTRAST, EXPERT OPINIONS DO NOT REQUIRE CORROBORATION. EVIDENCE IN ALL CRIMINAL TRIALS IS OBTAINED BY THE PROCURATOR FISCAL; HE IS IN CHARGE OF POLICE INVESTIGATIONS AND MAY, IN SERIOUS CASES, PERSONALLY ATTEND TO THE CRIME SCENE. THE LORD ADVOCATE APPOINTS A PROCURATOR FISCAL FOR EACH SHERIFF COURT DISTRICT. LARGER DISTRICTS MAY HAVE ONE OR MORE DEPUTIES. SCOTTISH COURTS INCLUDE THE HIGH COURT OF JUSTICIARY, THE SHERIFF COURT, THE DISTRICT COURT, THE COURT OF SESSION AND CHILDREN'S PANELS. THE PROCURATOR FISCAL RECEIVES CERTAIN TYPES OF DEATH REPORTS INCLUDING TRAFFIC ACCIDENT DEATHS, INDUSTRIAL ACCIDENT DEATHS, ANY DEATH FOLLOWING AN ABORTION, AND DEATHS BY DROWNING. HE MUST REPORT TO THE CROWN OFFICE DEATHS WHERE THERE ARE SUSPICIOUS CIRCUMSTANCES, DEATHS INDICATING SUICIDE, AND DEATHS OCCURRING IN PRISONS, AMONG OTHERS. UNLIKE A CORONER, THE PROCURATOR FISCAL CONDUCTS HIS INQUIRIES IN PRIVATE. LEGAL TERMINOLOGY DIFFERS SOMEWHAT IN SCOTLAND. FOR EXAMPLE, THE ACCUSED IS OFTEN REFERRED TO AS THE PANEL AND THE TERMS MANSLAUGHTER AND INFANTICIDE ARE REPLACED BY CULPABLE HOMICIDE AND CHILD MURDER, RESPECTIVELY. IN ADDITION, THE DEFINITION OF RAPE DIFFERS SUBSTANTIALLY. POLICE SURGEONS IN SCOTLAND SHOULD REMEMBER THAT POLICE OFFICERS MAY ONLY BE PRESENT AT MEDICAL EXAMINATIONS WHEN THEY ARE REQUIRED FOR CHAPERONE PURPOSES. DOCTORS WISHING TO BE CLASSIFIED AS EXPERT WITNESSES MUST FIRST APPLY TO THE PROCURATOR FISCAL. EXHIBITS ARE INCLUDED IN THE CHAPTER. (LWM)