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Fiscal Fine
A fiscal fine (formally a fixed penalty conditional offer) is a form of deferred prosecution agreement in Scotland issued by a procurator fiscal for certain summary offences as an alternative to prosecution. Alternatives to prosecution are called direct measures in Scotland. Fiscal fines can vary between £50 and £500, but a compensation offer may be issued either separately or additionally with similar effect but with payment going to the victim of crime: these can be of any amount not exceeding £5,000. Whilst not being recorded as a conviction or formal admission of guilt, the payment of a fiscal fine can be revealed in certain circumstances, including a requirement by the General Medical Council for disclosure. The power to issue fiscal fines is conferred by section 302 of the Criminal Procedure (Scotland) Act 1995 as amended by section 50 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. Background Fiscal fines were introduced in Scotland by section 56 of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deferred Prosecution Agreement
A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. A case of corporate fraud, for instance, might be settled by means of a deferred-prosecution agreement in which the defendant agrees to pay fines, implement corporate reforms, and fully cooperate with the investigation. Fulfillment of the specified requirements will then result in dismissal of the charges. United States Since 1999, the United States Department of Justice (DOJ) has set forth guidelines concerning the prosecution of business organizations and corporations. The United States Attorneys' Manual (USAM) of the DOJ allows consideration of non-prosecution or deferred prosecution of corporate criminal offenses because of collateral consequences and discusses plea agreements, deferred prosecution agreements, and non- ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Procurator Fiscal
A procurator fiscal (pl. ''procurators fiscal''), sometimes called PF or fiscal (), is a public prosecutor in Scotland, who has the power to impose fiscal fines. They investigate all sudden and suspicious deaths in Scotland (similar to a coroner in common law systems), conduct fatal accident inquiries (a form of inquest unique to the Scottish legal system) and handle criminal complaints against the police (administrative complaints are handled by the Police Investigations and Review Commissioner). They also receive reports from specialist reporting agencies such as His Majesty's Revenue and Customs. For the majority of crimes in Scotland, the procurators fiscal present cases for the prosecution in the sheriff and justice of the peace courts (and formerly district courts), and the case for the defence is presented either by the accused, a solicitor, or an advocate. The solicitor will work for a firm of solicitors, or in certain areas of Scotland could be a public defende ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (including all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Medical Council
The General Medical Council (GMC) is a public body that maintains the official register of physician, medical practitioners within the United Kingdom. Its chief responsibility is to "protect, promote and maintain the health and safety of the public" by controlling entry to the register, and suspending or removing members when necessary. It also sets the standards for medical schools in the UK. Membership of the register confers substantial privileges under Part VI of the Medical Act 1983. It is a criminal offence to make a false claim of membership. The GMC is supported by fees paid by its members, and it became a registered charity in 2001. History The Medical Act 1858 established the General Council of Medical Education and Registration of the United Kingdom as a statutory body. Initially its members were elected by the members of the profession, and enjoyed widespread confidence from the profession. Purpose All the GMC's functions derive from a statutory requirement for th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure (Scotland) Act 1995
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Proceedings Etc
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sheriff Principal
In Scotland a sheriff principal (''pl''. sheriffs principal) () is a judge in charge of a sheriffdom with judicial, quasi-judicial, and administrative responsibilities. Sheriffs principal have been part of the judiciary of Scotland since the 11th century. Sheriffs principal were originally appointed by the monarch of Scotland, and evolved into a heritable jurisdiction before appointment was again vested in the Crown and the monarch of the United Kingdom following the passage of the Heritable Jurisdictions (Scotland) Act 1746. Under the Sheriff Courts (Scotland) Act 1971 (as amended), each sheriff principal is appointed by the monarch of the United Kingdom on the advice of the First Minister of Scotland, who is advised by the Judicial Appointments Board for Scotland. As of May 2017 there were six sheriffs principal, each of whom has responsibility not only as a judge, but for the administration of justice in their respective sheriffdoms. Sheriffs principal have to ensure ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Scotsman
''The Scotsman'' is a Scottish compact (newspaper), compact newspaper and daily news website headquartered in Edinburgh. First established as a radical political paper in 1817, it began daily publication in 1855 and remained a broadsheet until August 2004. Its parent company, National World, also publishes the ''Edinburgh Evening News''. It had an audited print circulation of 8,762 for July to December 2022. Its website, Scotsman.com, had an average of 138,000 unique visitors a day as of 2017. The title celebrated its bicentenary on 25 January 2017. History ''The Scotsman'' was conceived in 1816 and first launched on 25 January 1817 as a liberal weekly newspaper by lawyer William Ritchie (Newspaper Editor), William Ritchie and customs official Charles Maclaren in response to the "unblushing subservience" of competing newspapers to the Edinburgh establishment. These two plus John Ramsay McCulloch were co-founders of the venture. The paper was pledged to "impartiality, firm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Office And Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service () is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare. The Service's jurisdiction covers all of Scotland, and includes investigation and prosecution of criminal offences, sudden or suspicious deaths, and criminal conduct by the police. It also includes assessment and possession of bona vacantia and treasure trove. The Lord Advocate is assisted by the Solicitor General for Scotland, both of whom are Law Officers. The day-to-day running of the Service is carried out by the Crown Agent & Chief Executive and an executive board who are based in the service headquar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assault
In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery (crime), battery, which is the deliberate use of physical Force (law), force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death. Generally, the common law definitio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Parliament
The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. It is a democratically elected body and its role is to scrutinise the Scottish Government and legislate on devolved matters that are not Devolved, reserved and excepted matters, reserved to the Parliament of the United Kingdom. The Scottish Parliament comprises 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the regionalised form of Additional-member system (MMP): 73 MSPs represent individual geographical Scottish Parliament constituencies and regions, constituencies elected by the Plurality voting system, plurality (first-past-the-post) system, while a further 56 are returned as list members from eight Additional-member system, additional member regions. Each region elects seven party-lis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
