Edinburgh University Press
Scottish Criminal Evidence Law
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About this book
Analyses the recent, sweeping changes to Scottish criminal evidence law and what they entail
Scottish criminal evidence law has recently undergone major, primarily reactive changes, with more reform on the way. These ad hoc developments are fundamentally altering the basic principles of Scottish criminal evidence which have been in place since the 19th century. This book gathers leading experts in the field to analyse these changes, discern any patterns and ask what the ramifications are for the future of Scottish criminal evidence law.
The areas affected include: police questioning of suspects, the treatment of vulnerable witnesses in court, hearsay, the admissibility of the accused’s previous convictions, the Crown’s duty of disclosure and the need for corroboration.
Key Features
- The only complete analysis of recent major changes to Scottish criminal evidence law
- Considers the likely future direction of criminal evidence law reform in Scotland
- Adopts a theoretical and comparative perspective and a socio-legal approach to Scottish criminal evidence law
- Evaluates theoretical models of criminal procedure
Contributors
Derek P. Auchie, Senior Lecturer (Scholarship), University of Aberdeen
Ilona Cairns, Lecturer, University of Aberdeen
Liz Campbell, Professor of Criminal Law, University of Durham
James Chalmers, Regius Professor of Law, University of Glasgow
Sharon Cowan, Professor of Feminist and Queer Legal Studies, University of Edinburgh
Fraser P. Davidson, Professor Emeritus, University of Stirling
Peter Duff, Professor of Criminal Justice, University of Aberdeen
Pamela R. Ferguson, Professor of Scots Law, University of Dundee
Fiona Leverick, Professor of Criminal Law and Criminal Justice
Gerry Maher QC, Professor of Criminal Law, University of Edinburgh
Claire McDiarmid, Reader, University of Strathclyde
Donald Nicolson, Professor of Law, University of Strathclyde
Shona W. Stark, Fellow in Law at Christ's College, Cambridge
Topics
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Frontmatter
i -
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Contents
v -
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The contributors
vi -
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Acknowledgements
vii -
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Table of cases
viii -
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Table of legislation
xiv -
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Introduction
1 -
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1. Cadder and beyond: suspects’ rights and the public interest
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2. ‘Access to justice’ for complainers? The pitfalls of the Scottish Government’s case to abolish corroboration
41 -
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3. The relevance of sexual history and vulnerability in the prosecution of sexual offences
67 -
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4. ‘Similar fact’ evidence and Moorov: time for rationalisation?
97 -
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5. Hearsay in Scots law: rethinking and reforming
121 -
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6. Eyewitness identification evidence and its problems: recommendations for change
139 -
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7. Assessing witness credibility and reliability: engaging experts and disengaging Gage?
161 -
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8. The process of criminal evidence law reform in Scotland: what can we learn?
194 -
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9. Scottish criminal evidence law adrift?
224 -
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Bibliography
248 -
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Index
267