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Justice Of The Peace Courts
A justice of the peace court is the lowest authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences. History The commission of the peace was originally instituted in Scotland in the 16th century. Initially, justices were given the task of administering the county within which they resided until this work passed to the county councils with their establishment in 1888. Justices of the peace were then left with jurisdiction in the licensing board and minor criminal cases. District courts were introduced in 1975 as a replacement for burgh police courts and sat in each local authority area under summary procedure only. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 enabled the Scottish Ministers to replace district courts by "justice of the peace courts". The justice of the peace courts are managed by the Scottish Courts and Tribunals Service. Responsibility for the court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Ministers
The Scottish Government (, ) is the executive arm of the devolved government of Scotland. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution, and is headquartered at St Andrew's House in the capital city, Edinburgh. It has been described as one of the most powerful devolved governments globally, with full legislative control over a number of areas, including education, healthcare, justice and the legal system, rural affairs, housing, the crown estate, the environment, emergency services, equal opportunities, public transport, and tax, amongst others. Ministers are appointed by the first minister with the approval of the Scottish Parliament and the monarch from among the members of the Parliament. The Scotland Act 1998 makes provision for ministers and junior ministers, referred to by the current administration as Cabinet secretaries and ministers, in addition to two law officers: the lord advocate and the solicitor gen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft
Theft (, cognate to ) is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with '' larceny'', while in others, ''theft'' is defined more narrowly. A person who engages in theft is known as a thief ( thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft. Elements The '' actus reus'' of theft is usually defined as an unauthorised taking, keeping, or using of another's property which must be accompanied by a '' mens rea'' of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Criminal Law
Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 (2009 asp 9) and Prostitution (Public Places) (Scotland) Act 2007 (2007 asp 11) which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts Of Scotland
The courts of Scotland () are responsible for administration of justice in Scotland, under Primary and secondary legislation, statutory, common law and Equity (law), equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various Judge, judicial office holders responsible for issuing Judgment (law), judgments, ensuring Right to a fair trial, fair trials, and deciding on Sentence (law), sentencing. The Court of Session is the Supreme court, supreme Civil law (common law), civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the Supreme court, supreme Criminal justice, criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on Devolution in the United Kingdom, devolution issues and human rights European Convention on Human Rights, compatibility issues. The judiciary of Scotland, except the Lord Lyon King of Arms, are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Court (England And Wales)
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrates' court (Hong Kong) * District Court (Ireland), the main court of summary jurisdiction in Ireland * Magistrate's courts of Israel * Magistrate's Court of Jersey * Magistrates' Court (Kenya) * District Court (New Zealand), replaced magistrate's courts in 1980 * Magistrate's court (Russia) * Magistrate's court (South Africa) * Magistrate's court (Sri Lanka) * Magistrate court (West Virginia) Australian courts * Magistrates Court of the Australian Capital Territory * Magistrates court (Northern Territory) * Magistrates Court of Queensland * Magistrates Court of South Australia * Magistrates Court of Tasmania * Magistrates' Court of Victoria * Magistrates Court of Western Australia * Local Court of New South Wales * Federal Circu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Of The United Kingdom
The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom-wide jurisdiction but judgments only apply directly to the jurisdiction from which a case originates as the same case points and principles do not inevitably apply in the other jurisdictions. In employment law, employment tribunals and the Employment Appeal Tribunal have jurisdiction in the whole of Great Britain (i.e., not in Northern Ireland). There have been multiple calls from both Welsh academics and politicians however for a Welsh justice system. Justices of the Supreme Court The judges of the Supreme Court of the United Kingdom are known as Justices of the Supreme Court, and they are also Privy Counsellors. Justices of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The Welsh devolution, devolved Senedd (Welsh Parliament; ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of Self-governance, self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006, which allows it to pass Welsh law, its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is currently no Devolved English parliament, equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of presen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
His Majesty's Courts And Tribunals Service
His Majesty's Courts and Tribunals Service (HMCTS) is an executive agency of the Ministry of Justice (United Kingdom), Ministry of Justice. It was created on 1 April 2011 (as Her Majesty's Courts and Tribunals Service) by the merger of Her Majesty's Courts Service and the Tribunals Service. The agency is responsible for the court administration, administration of the Courts of England and Wales, courts of England and Wales, the Probate Service and Tribunals in England and Wales, tribunals in England and Wales and non-devolved tribunals in Scotland and Northern Ireland. It works from about 600 locations across the United Kingdom. Role The organisation's Framework Document says its aim is "to run an efficient and effective courts and tribunals system, which enables the rule of law to be upheld and provides access to justice for all." The courts over which it has responsibility are the Court of Appeal of England and Wales, Court of Appeal, the High Court of Justice, High Court, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law is passed by the Scottish Parliament on all areas of devolved responsibility, and the United Kingdom Parliament on reserved matters. Some legislation passed by the pre-1707 Parliament of Scotland is still also valid. History of Scots law, Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Appointments Board For Scotland
The Judicial Appointments Board for Scotland () is an advisory non-departmental public body of the Scottish Government responsible for making recommendations on appointments to certain offices of the judiciary of Scotland. It was established in June 2002 on a non-statutory, ad hoc, basis by the Scottish Government, and was given statutory authority by the Judiciary and Courts (Scotland) Act 2008. All recommendations are made to the First Minister, who must consult the Lord President of the Court of Session before making a recommendation to the monarch in relation to full-time, permanent, judiciary, or before any appointments are made by Scottish Ministers to temporary or part-time judicial office. The board does not make recommendations for, or have any in role in the appointment of, justices of the peace, whose appointments are made by Scottish Ministers on the recommendation of Justice of the Peace Advisory Committees for each sheriffdom. History The Judicial Appointment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search Warrants
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process. Jurisdictions that respect the rule of law and a right to privacy constrain police powers, and typically require search warrants or an equivalent procedure for searches police conducted in the course of a criminal investigation. The laws usually make an exception for hot pursuit: a police officer following a criminal who has fled the scene of a crime has the right to enter a property where the criminal has sought shelter. The necessity for a search warrant and its abilities vary from country to country. In certain authoritarian nations, police officers may be allowed to search individuals and property without having to obtain court permission or provide justification for their ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justiciary
The High Court of Justiciary () is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi. The president of the High Court is the Lord Justice General, who holds office ''ex officio'' by virtue of being Lord President of the Court of Session, and his depute is the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
