Scottish Legal System

Only available on StudyMode
  • Topic: Scots law, Lord Advocate, Procurator Fiscal
  • Pages : 8 (1907 words )
  • Download(s) : 427
  • Published : March 24, 2011
Open Document
Text Preview
SCOTTISH LEGAL SYSTEM

Contents Page

Introduction
Terms of Reference
Procedure
Findings
Conclusion
References/Bibliography
Appendices
Introduction:

I. The role of the police in Scotland
*
The role of the procurator fiscal service in Scotland
*
The role of the Lord Advocate and the Crown Office
*

1. Terms of Reference

* Your first task is to investigate the role of the police. Answer the questions and attempt the exercise that fallows. Retain your answers for inclusion in your portfolio and report or presentation.

* Your second task is to investigate the role of the procurator fiscal service. Again, answer the questions and attempt the exercise that fallows. Retain your answers for inclusion in your portfolio and report or presentation.

* Your final task is to investigate the roles of the Lord Advocate and the Crown Office. Again, answer the questions and attempt the exercise that fallows. Retain your answers for inclusion in your portfolio and report or presentation.

2.
Procedure

* What duties do the police have in terms of investigating crime in Scotland?

* What powers do the police have to allow them to carry out these duties?

* What happens once the police have concluded their investigation of a crime?

* Using any of the research sources listed above; locate a news article or item that illustrates the role of the police in practice.

* What are the broad responsibilities of the procurator fiscal service in Scotland?

* What powers does a procurator fiscal have after receiving a report submitted by the police (or other investigatory body)?

* In which courts can a procurator fiscal prosecute a case?

* Using any of the research sources listed above; locate a news article or item that illustrates the role of procurators fiscal in practice.

2.3.1 What is the role of the Lord Advocate in terms of public prosecution in Scotland?

2.3.2 In which courts can an Advocate Depute prosecute a case?

2.3.3 What are the other duties of an Advocate Depute?

2.3.4 Using any of the research sources listed above; locate a news article or item that illustrates the role of either the Lord Advocate or another member of the Crown Office in practice.

3.
Findings

3.1.1 The police work
is to maintain law and order and this means they have to prevent crimes taking place as well as trying to solve crimes when they are committed.

For the police to do their work successfully, they need the help of the public whether it is as a witness to a crime/offence or to report one taking place 3.1.2 Power of the police

Questioning of witnesses and suspects
Police has the right to question people any time they have reasonable grounds for suspecting that persons have committed or are committing an offence. People can be stopped and questioned for what have they done (suspect) or for what have they seen (witness). But always they must be told whether they are suspect or witness, because the law in each case is different. People must always give the police their name and address; it is an offence to provide the police with false information or not to give this information at all. If they are a suspect they must always wait until this information’s are checked out, if they are a witness they do not have to wait for it. People do not have to say anything else, but what they say may be used against them later on. If the police is not happy with their answers, they may ask them to go to the police station, it is entirely up to them whether they go or...
tracking img