A special defence in

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 histori ...

may be raised in

criminal proceedings 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 ...

upon notice by the accused ahead of the

trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...

. If established, it results in an

acquittal In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an of ...

.Tony Callahan, "Case for the defence in Scotland", ''Evening Times'' (Glasgow, Scotland), 18 August 2001, p 8 via factiva accessed 24 September 2011. The only purpose of the special defence procedure is to give fair notice: it does not prejudice the plea of not guilty by an accused;

the Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...

still must prove the acts charged beyond a

reasonable doubt Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities (US English: preponderance of ...

. I D Macphail
Criminal Evidence - 24 Nov 2010.pdf Scottish Criminal Evidence, Procedure and Practice
(2010)''Lambie v H M Advocate'' 1973 JC 53 at 58

Notice given

solemn proceedings Solemn proceedings is the term used in Scotland for serious criminal cases prosecuted on indictment before a judge and jury. These are distinct from summary proceedings before a sheriff or justice of the peace sitting without a jury. See also ...

(prosecutions on indictment of more serious criminal offences before a judge and jury of 15 persons)Judicial Office for Scotland
Glossary
Judiciary of Scotland (2011), accessed 24 September 2011. notice of a special defence must be given at least 10 days before the trial dateNeil Gow QC, "Scotland's right of silence", (1988) 138 New Law Journal 781 (28 October 1988, Butterworth & Co (Publishers) Ltd) via Lexis Nexis accessed 14 October 2011. and the jury is advised of the special defence immediately after the indictment has been read (or summarised) and each juror is given a copy of the accused's notice."Jury Manual: Some notes for the guidance of the judiciary", Judicial Studies Committee for Scotland, January 2011.

Types of special defence

The types of special defence are: mental disorder (when the offence was committed or before the trial), incrimination (alleging someone else committed the crime), coercion, automatism, self-defence, consent (under some circumstances), or

alibi An alibi (, from the Latin, '' alibī'', meaning "somewhere else") is a statement by a person under suspicion in a crime that they were in a different place when the offence was committed. During a police investigation, all suspects are usually a ...

Notice given

Types of special defence

Notes and references

Further reading