Courts of Scotland
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, deciding on sentencing; the Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, the High Court of Justiciary is the supreme criminal court, only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues. The judiciary of Scotland, except the Lord Lyon King of Arms, are united under the leadership and authority of the Lord President and Lord Justice General, the president of the Court of Session and High Court of Justiciary; the Court of Session has the authority, under the Courts Reform Act 2014, to regulate civil procedure through passing subordinate legislation knows as Acts of Sederunt, the High Court of Justiciary has the authority to regulate criminal procedure through passing Acts of Adjournal.
Both Acts of Sederunt and Acts of Adjournal have the capacity to amend primary legislation where it deals with civil or criminal procedure respectively. The majority of criminal and civil justice in Scotland is handled by the local sheriff courts, which are arranged into six sheriffdoms led by a sheriff principal; the sheriff courts have exclusive jurisdiction over all civil cases with a monetary value up to £100,000, are able to try criminal cases both on complaint for summary offences, with a jury for indictable offences. Treason and rape are in the exclusive jurisdiction of the High Court of Justiciary, whilst the High Court and sheriff courts have concurrent jurisdiction over armed robbery, drug trafficking, sexual offences involving children all these cases are heard by the High Court. Administration for the courts is provided by the Scottish Courts and Tribunals Service, a non-ministerial department of the Scottish Government; the Scottish Courts and Tribunal Service is operationally independent of the Scottish Ministers, is governed by a corporate board chaired by the Lord President, with a majority of judicial members.
There are various specialist courts and tribunals with specialist jurisdictions, which are subject to the ultimate jurisdiction of either the Court of Session or High Court of Justiciary, including. Children under the age of 16 who face allegations of criminal conduct are dealt with through the Children's Hearings, which are quasi-judicial in nature. Disputes involving agricultural tenancies and crofting are dealt with by the Scottish Land Court, disputes about private rights in titles for land ownership and land valuation are dealt with by the Lands Tribunal for Scotland. Heraldry is regulated in Scotland both by the civil and criminal law, with prosecutions taken before the Court of the Lord Lyon. Defunct and historical courts include the Admiralty Court, Court of Exchequer, district courts, the High Court of Constabulary; the United Kingdom does not have a single judicial system — England and Wales have one system, Scotland another, Northern Ireland a third. The Military Courts of the United Kingdom have jurisdiction over all members of the armed forces of the United Kingdom and civilians subject to service discipline in relation to offences against military law.
The Supreme Court of the United Kingdom operates across all three separate jurisdictions, hearing some civil - but not criminal - appeals in Scottish cases, determining certain devolution and human rights issues. The Supreme Court of the United Kingdom was created on 1 October 2009 by the Constitutional Reform Act 2005; the Supreme Court will hear civil appeals from the Court of Session, it hears appeals from all the civil and criminal courts of England and Wales and of Northern Ireland. The Supreme Court has no authority to hear appeals on criminal matters from the High Court of Justiciary; until the creation of the Supreme Court, ultimate appeal lay to the House of Lords, a chamber of the Parliament of the United Kingdom. The Supreme Court took over the judicial functions of the House of Lords, assumed the jurisdiction over devolution and human rights issues vested in the Judicial Committee of the Privy Council. Cases involving "devolution issues" arising under the Scotland Act 1998, as amended by the Scotland Act 2016, which includes disputes regarding the validity of Acts of the Scottish Parliament or executive functions of the Scottish Government, are heard by the Supreme Court.
These cases may reach the Court as follows: The Court of Session may remit a case to the Supreme Court. The High Court of Justiciary can refer a point of law to the Supreme Court; the Law Officers of the Crown may refer a bill from the Scottish Parliament to the Supreme Court. Any court, if a Law Officer so desires, may refer a case to the Supreme Court. Law Officers may refer any issue not related to a case to the Supreme Court; the parties to a case may appeal a case from the Inner House of the Court of Session. The Court of Session is the supreme civil court, it is both a court of first instance and a court of appeal, sits in Parliament House in Edinburgh. The court of first instance is known as the court of appeal the Inner House; the Sheriff Appeal Court is a national court with a jurisdiction over civil appeals from the Sheriff Courts, replaces appeals made to the Sheriffs Principal. The Sheri
In law, a trial is a coming together of parties to a dispute, to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court; the tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are not referred to as trials. An appellate proceeding is generally not deemed a trial, because such proceedings are restricted to review of the evidence presented before the trial court, do not permit the introduction of new evidence. Trials can be divided by the type of dispute at issue. A criminal trial is designed to resolve accusations brought against a person accused of a crime. In common law systems, most criminal defendants are entitled to a trial held before a jury.
Because the state is attempting to use its power to deprive the accused of life, liberty, or property, the rights of the accused afforded to criminal defendants are broad. The rules of criminal procedure provide rules for criminal trials. A civil trial is held to settle lawsuits or civil claims—non-criminal disputes. In some countries, the government can both be sued in a civil capacity; the rules of civil procedure provide rules for civil trials. Although administrative hearings are not ordinarily considered trials, they retain many elements found in more "formal" trial settings; when the dispute goes to judicial setting, it is called an administrative trial, to revise the administrative hearing, depending on the jurisdiction. The types of disputes handled in these hearings is governed by administrative law and auxiliarily by the civil trial law. Labor law is the body of laws, administrative rulings, precedents which address the legal rights of, restrictions on, working people and their organizations.
As such, it mediates many aspects of the relationship between trade unions and employees. In Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. However, there are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee and union. Second, individual labour law concerns employees' rights through the contract for work; the labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution. There are two primary systems for conducting a trial: Adversarial: In common law systems, an adversarial or accusatory approach is used to adjudicate guilt or innocence; the assumption is that the truth is more to emerge from the open contest between the prosecution and the defense in presenting the evidence and opposing legal arguments with a judge acting as a neutral referee and as the arbiter of the law.
In several jurisdictions in more serious cases, there is a jury to determine the facts, although some common law jurisdictions have abolished the jury trial. This polarizes the issues, with each competitor acting in its own self-interest, so presenting the facts and interpretations of the law in a deliberately biased way; the intention is that through a process of argument and counter-argument, examination-in-chief and cross-examination, each side will test the truthfulness and sufficiency of the opponent's evidence and arguments. To maintain fairness, there is a presumption of innocence, the burden of proof lies on the prosecution. Critics of the system argue. Further, the results are to be affected by structural inequalities; those defendants with resources can afford to hire the best lawyers. Some trials are—or were—of a more summary nature, as certain questions of evidence were taken as resolved. Inquisitorial: In civil law legal systems, the responsibility for supervising the investigation by the police into whether a crime has been committed falls on an examining magistrate or judge who conducts the trial.
The assumption is that the truth is more to emerge from an impartial and exhaustive investigation both before and during the trial itself. The examining magistrate or judge acts as an inquisitor who directs the fact-gathering process by questioning witnesses, interrogating the suspect, collecting other evidence; the lawyers who represent the interests of the State and the accused have a limited role to offer legal arguments and alternative interpretations to the facts that emerge during the process. All the interested parties are expected to co-operate in the investigation by answering the magistrate or judge's questions and, when asked, supplying all relevant evidence; the trial only takes place after all the evidence has been collected and the investigation is completed. Thus, most of the factual uncertainties will be resolved, the examining magistrate or judge will have resolved that there is prima facie of guilt. Critics argue that the examining magistrate or judge has too much power in that he or she will both investigate and adjudicate on the merits of the case.
Although lay assessors do sit as a form of jury to offer advice to the magistrate or judge at the conclusion of the trial, their role is subordinate. Further, because a professio
Miscarriage of justice
A miscarriage of justice known as a failure of justice, is when an innocent person is found guilty. It is used as a legal defense in criminal and deportation proceedings; the term applies to errors in the other direction—"errors of impunity", or to any unjust outcome in any civil case. Every "miscarriage of justice" in turn is a "manifest injustice." Most criminal justice systems have some means to overturn or quash a wrongful conviction, but this is difficult to achieve. In some instances a wrongful conviction is not overturned for several decades, or until after the innocent person has been executed, released from custody, or has died. "Miscarriage of justice" is sometimes used to describe any wrongful conviction when the defendant may be guilty, for example in reference to a conviction reached as the result of an unfair or disputed trial. While a miscarriage of justice is a Type I error for falsely identifying culpability, an error of impunity would be a Type II error of failing to find a culpable person guilty.
However, the term "miscarriage of justice" is used to describe the latter type as well. With capital punishment decreasing, the expression has acquired an extended meaning, namely any conviction for a crime not committed by the convicted person. Wrongful convictions are cited by death penalty opponents as cause to eliminate death penalties to avoid executing innocent persons. In recent years, DNA evidence has been used to clear many people falsely convicted; the term travesty of justice is sometimes used for a gross, deliberate miscarriage of justice. Show trials, due to their character lead to such travesties; the concept of miscarriage of justice has important implications for standard of review, in that an appellate court will only exercise its discretion to correct a plain error when a miscarriage of justice would otherwise occur. The Scandinavian languages have a word, the Swedish variant of, justitiemord, which translates as "justice murder". Slavic languages use a different word, but it is used for judicial murder, while miscarriage of justice is "justiční omyl" in Czech, implying an error of the justice system, not a deliberate manipulation.
The term was used for cases where the accused was convicted and cleared after death. Causes of miscarriages of justice include: Plea bargains that offer incentives for the innocent to plead guilty, sometimes called an innocent prisoner's dilemma Confirmation bias on the part of investigators Withholding or destruction of evidence by police or prosecution Fabrication of evidence or outright perjury by police, or prosecution witnesses Biased editing of evidence Prejudice against the class of people to which the defendant belongs Misidentification of the perpetrator by witnesses and/or victims Overestimation/underestimation of the evidential value of expert testimony Contaminated evidence Faulty forensic tests False confessions due to police pressure or psychological weakness Misdirection of a jury by a judge during trial Perjured evidence by the real guilty party or their accomplices Perjured evidence by the alleged victim or their accomplices Conspiracy between court of appeal judges and prosecutors to uphold conviction of the innocent Fraudulent conduct by a judge: Judicial MisconductA risk of miscarriages of justice is one of the main arguments against the death penalty.
Where condemned persons are executed promptly after conviction, the most significant effect of a miscarriage of justice is irreversible. Wrongly executed people occasionally receive posthumous pardons—which void the conviction—or have their convictions quashed. Many death penalty states hold condemned persons for ten or more years before execution, so that any new evidence that might acquit them will have had time to surface; when a wrongly convicted person is not executed, years in prison can have a substantial, irreversible effect on the person and their family. The risk of miscarriage of justice is therefore an argument against long sentences, like a life sentence, cruel prison conditions. Various studies estimate that in the United States, between 2.3 and 5% of all prisoners are innocent. One study estimated that up to 10,000 people may be wrongfully convicted of serious crimes each year. A 2014 study estimated that 4.1% of inmates awaiting execution on death row in the United States are innocent, that at least 340 innocent people may have been executed since 1973.
According to Professor Boaz Sangero of the College of Law and Business in Ramat Gan in Israel, most wrongful convictions are for crimes less serious than major felonies such as rape and murder, as judicial systems are less careful in dealing with those cases. Wrongful convictions appear at first to be "rightful" arrests and subsequent convictions, include a public statement about a particular crime having occurred, as well as a particular individual or individuals having committed that crime. If the conviction turns out to be a miscarriage of justice one or both of these statements is deemed to be false. During this time between the miscarriage of justice and its correction, the public holds false beliefs about the occurrence of a crime, the perpetrator of a crime, or both. While the public audience of a miscarriage of justice varies, they may in some cases be as large as an entire nation or multitude of nations. In cases where a large-scale audience is unknowingly witness
England is a country, part of the United Kingdom. It shares land borders with Wales to Scotland to the north-northwest; the Irish Sea lies west of England and the Celtic Sea lies to the southwest. England is separated from continental Europe by the North Sea to the east and the English Channel to the south; the country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Palaeolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century, since the Age of Discovery, which began during the 15th century, has had a significant cultural and legal impact on the wider world; the English language, the Anglican Church, English law – the basis for the common law legal systems of many other countries around the world – developed in England, the country's parliamentary system of government has been adopted by other nations.
The Industrial Revolution began in 18th-century England, transforming its society into the world's first industrialised nation. England's terrain is chiefly low hills and plains in central and southern England. However, there is upland and mountainous terrain in the west; the capital is London, which has the largest metropolitan area in both the United Kingdom and the European Union. England's population of over 55 million comprises 84% of the population of the United Kingdom concentrated around London, the South East, conurbations in the Midlands, the North West, the North East, Yorkshire, which each developed as major industrial regions during the 19th century; the Kingdom of England – which after 1535 included Wales – ceased being a separate sovereign state on 1 May 1707, when the Acts of Union put into effect the terms agreed in the Treaty of Union the previous year, resulting in a political union with the Kingdom of Scotland to create the Kingdom of Great Britain. In 1801, Great Britain was united with the Kingdom of Ireland to become the United Kingdom of Great Britain and Ireland.
In 1922 the Irish Free State seceded from the United Kingdom, leading to the latter being renamed the United Kingdom of Great Britain and Northern Ireland. The name "England" is derived from the Old English name Englaland, which means "land of the Angles"; the Angles were one of the Germanic tribes that settled in Great Britain during the Early Middle Ages. The Angles came from the Anglia peninsula in the Bay of Kiel area of the Baltic Sea; the earliest recorded use of the term, as "Engla londe", is in the late-ninth-century translation into Old English of Bede's Ecclesiastical History of the English People. The term was used in a different sense to the modern one, meaning "the land inhabited by the English", it included English people in what is now south-east Scotland but was part of the English kingdom of Northumbria; the Anglo-Saxon Chronicle recorded that the Domesday Book of 1086 covered the whole of England, meaning the English kingdom, but a few years the Chronicle stated that King Malcolm III went "out of Scotlande into Lothian in Englaland", thus using it in the more ancient sense.
According to the Oxford English Dictionary, its modern spelling was first used in 1538. The earliest attested reference to the Angles occurs in the 1st-century work by Tacitus, Germania, in which the Latin word Anglii is used; the etymology of the tribal name itself is disputed by scholars. How and why a term derived from the name of a tribe, less significant than others, such as the Saxons, came to be used for the entire country and its people is not known, but it seems this is related to the custom of calling the Germanic people in Britain Angli Saxones or English Saxons to distinguish them from continental Saxons of Old Saxony between the Weser and Eider rivers in Northern Germany. In Scottish Gaelic, another language which developed on the island of Great Britain, the Saxon tribe gave their name to the word for England. An alternative name for England is Albion; the name Albion referred to the entire island of Great Britain. The nominally earliest record of the name appears in the Aristotelian Corpus the 4th-century BC De Mundo: "Beyond the Pillars of Hercules is the ocean that flows round the earth.
In it are two large islands called Britannia. But modern scholarly consensus ascribes De Mundo not to Aristotle but to Pseudo-Aristotle, i.e. it was written in the Graeco-Roman period or afterwards. The word Albion or insula Albionum has two possible origins, it either derives from a cognate of the Latin albus meaning white, a reference to the white cliffs of Dover or from the phrase the "island of the Albiones" in the now lost Massaliote Periplus, attested through Avienus' Ora Maritima to which the former served as a source. Albion is now applied to England in a more poetic capacity. Another romantic name for England is Loegria, related to the Welsh word for England and made popular by its use in Arthurian legend; the earliest known evidence of human presence in the area now known as England was that of Homo antecessor, dating to approximate