Differences Between Civil and Criminal Law in Scotland: Court Procedures and Roles

What is the primary focus of Criminal Law?

Criminal Law deals with incidents where individuals break the law and are liable to punishment.

Give three examples of cases handled in Criminal Law.

Rape, murder, and culpable homicide.

What does Civil Law address?

Civil Law deals with matters between individuals, such as divorce, defamation, and employment claims.

What are the three main courts in Scotland for criminal cases?

Justice of the Peace Court, Sheriff Court, and High Court.

What type of offences do Justice of the Peace Courts handle?

Minor offences including breach of the peace, minor assaults, and petty theft.

What is the monetary limit for civil cases in Sheriff Courts?

Sheriff Courts deal with civil cases with a monetary value up to £100,000.

What is the role of the Procurator Fiscal in criminal cases?

The Procurator Fiscal decides if a case will go to court after police investigation.

What are the two procedures in civil cases?

Simple procedure for claims worth £5,000 or less, and ordinary procedure for claims worth more than £5,000.

What is the difference between Solemn and Summary Procedures in criminal cases?

Solemn Procedure involves serious cases with a jury, while Summary Procedure is for less serious offences without a jury.

What is the first step after a crime is reported to the police?

The police investigate the crime and try to find those responsible.

What are the four main roles of the police?

To investigate crime, maintain law and order, protect the public, and prevent crime.

What is an example of a civil dispute?

A landlord dispute or an employment claim.

How can disputes and grievances be resolved?

Through negotiation, mediation, arbitration, or court proceedings.

What happens during the investigation of a crime?

Witnesses and suspects are interviewed, and initial enquiries are made by officers.

What is the role of detectives in crime investigations?

Detectives take over investigations in more serious cases after initial enquiries.

What is the purpose of crime prevention by the police?

To deter people from committing crimes and help avoid victimization.

What court hears cases involving high-value claims over £100,000?

The Court of Session.

What is an example of a crime that would be tried in the High Court?

Murder.

What is the significance of the Sheriff Court in civil law?

It hears civil cases with a monetary value up to £100,000 and various criminal cases.

What is the purpose of maintaining law and order by the police?

To ensure community safety and respond to crime reports.

What is the outcome of a case heard in a Justice of the Peace Court?

The court deals with minor offences and issues fines or other penalties.

What type of cases does the High Court handle?

Serious criminal cases and high-value civil claims.

What is the role of solicitors in civil cases?

Solicitors represent parties involved and may negotiate settlements before court.

What happens if a case cannot be settled out of court?

The case will be heard in court, where a judge or jury will make a decision.

What types of evidence can be gathered to support court proceedings?

Forensic evidence, witness statements, CCTV footage, mobile phone footage.

What is the role of the Procurator Fiscal in Scotland's criminal justice system?

The Procurator Fiscal decides whether to prosecute a case based on public interest and evidence.

What happens if the police gather enough evidence in a case?

The case is passed to the Procurator Fiscal who decides if the suspect should be charged.

What is corroboration in legal terms?

Corroboration requires two pieces of evidence before a case can proceed to trial.

Why is corroboration considered a barrier to justice in some cases?

It can prevent convictions in cases where evidence is primarily based on one person's testimony.

What alternatives to prosecution can the Procurator Fiscal consider?

Warnings, fiscal fines, compensation orders, fiscal work orders, or diversion from prosecution.

What is the Moorov doctrine?

It allows crimes of the same nature to corroborate each other in court.

What is the public interest factor in prosecuting a case?

The prosecutor weighs public interest factors for and against prosecution after establishing enough evidence.

What role do police play in crime prevention?

They use initiatives like CCTV and community talks to prevent crime.

What is one challenge of the corroboration requirement in rape cases?

It makes it difficult to convict when evidence is often based on one person's word against another's.

What is the maximum fiscal fine that can be issued by the Procurator Fiscal?

Up to £500.

What is a fiscal work order?

An offer for the accused to complete 10 to 50 hours of unpaid work instead of court proceedings.

What happens if a victim requests the Procurator Fiscal to reconsider a decision not to prosecute?

The Procurator Fiscal may reconsider or provide reasons for the decision.

What is the significance of the case of Suzy Angus in the context of corroboration?

She campaigned for the scrapping of the corroboration requirement after being denied justice.

What is the role of police in maintaining law and order?

Visible community policing at events and in neighborhoods.

What is one example of police work in crime detection?

The use of forensic evidence to solve crimes.

What can a victim not do regarding a prosecution once it has started?

A victim cannot stop a prosecution; the prosecutor may discontinue it at any time.

What is the public interest consideration for the case of Gary driving at 29mph in a 20 zone?

Whether the public interest justifies prosecution for a minor traffic violation.

What happens to courts when alternatives to prosecution are used?

Courts are freed up to deal with more serious cases.

What is the conviction rate for rape cases in Scotland as of 2009/2010?

4.6%.

What recent change occurred regarding corroboration in criminal cases?

Corroboration is no longer required for every individual element of the offence; the case is assessed as a whole.

What are some new forms of corroboration in criminal cases?

Evidence of distress observed by others, a complainer's statement made shortly after the event, and that statement being corroborated by another witness.

Is corroboration required in civil cases?

No, corroboration was abolished in civil cases in 1988.

Who bears the burden of proof in a criminal trial?

The prosecutor must prove the accused's guilt beyond a reasonable doubt.

Who bears the burden of proof in a civil trial?

The pursuer (claimant) must prove their case on the balance of probabilities.

What is the outcome if a defendant is found guilty in a criminal case?

The outcome is punishment, which can include imprisonment or fines.

What is the outcome if a defendant is found guilty in a civil case?

The outcome is either compensation awarded to the pursuer or dismissal of the case.

What does 'not proven' mean in Scottish criminal law?

'Not proven' means the jury was not convinced of the accused's guilt; this verdict was abolished in 2026.

What is the role of the jury in criminal cases?

The jury decides guilt based on the evidence presented, requiring a standard of beyond a reasonable doubt.

What is the standard of proof in civil cases?

The standard is the balance of probabilities, meaning the event is more likely to have occurred than not.

What happens if an accused person is found guilty and wishes to appeal?

They can seek permission to appeal against the conviction, the sentence, or both.

What is the highest civil court in Scotland?

The Court of Session in Edinburgh.

What are the two divisions of the Court of Session?

The Outer House and the Inner House.

What is the difference in the burden of proof between civil and criminal cases?

Criminal cases require proof beyond a reasonable doubt, while civil cases require proof on the balance of probabilities.

What is the purpose of damages in civil law?

To provide compensation for harmful actions suffered through the fault of another party.

What is the significance of the case of Miss M?

Miss M was raped but found the criminal charges not proven; she later succeeded in civil court where the burden of proof is lower.

What is the role of the procurator fiscal?

The procurator fiscal is responsible for prosecuting criminal cases on behalf of the state.

What is an example of a criminal offence discussed in the notes?

The theft of a laptop from a locked staff office.

What is the role of the police in criminal cases?

To investigate crimes and gather evidence to support prosecution.

What must a pursuer demonstrate in a civil case?

That their claim is stronger or more credible than that of the defender.

What is the outcome if a civil case is found for the defender?

The case is dismissed, and no compensation is awarded.

What does the term 'remedy' refer to in civil law?

A remedy refers to the outcome of a civil case, typically involving compensation for the injured party.

What is the significance of the case HMA v A?

It illustrates the standard of proof required in criminal cases, which is beyond a reasonable doubt.

What is the difference between appeals in criminal and civil cases?

In criminal cases, appeals can be against the conviction or sentence, while in civil cases, appeals are typically against decisions made by lower courts.