Criminal Procedure (Scotland) Act 1995 Flashcards

1
Q

Criminal Procedure (Scotland) Act 1995 s.41A

A

Children under 12y/o cannot be prosecuted for an offence

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2
Q

Criminal Procedure (Scotland) Act 1995 s.41B

A

A person over 12y/o cannot be prosecuted for an offence they committed when they were under 12 y/o

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3
Q

Criminal Procedure (Scotland) Act 1995 s.101(1)

A

Previous convictions - jury

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4
Q

Criminal Procedure (Scotland) Act 1995 s.166(3)

A

Previous convictions - judge

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5
Q

Criminal Procedure (Scotland) Act 1995 s.259

A

Exceptions to the rule that hearsay evidence is inadmissible

  1. is dead or physically/mentally unfit
  2. outwithin UK and not reasonable to attend
  3. cannot be found
  4. by leave of court, refuses to give evidence
  5. refuses to give evidence after being directed by judge to do so
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6
Q

Criminal Procedure (Scotland) Act 1995 s.271(1)

A

Vulnerable witnesses:

(a) all child witnesses
(b) mental disorder
(c) victims of sexual abuse, domestic abuse, stalking etc.

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7
Q

Criminal Procedure (Scotland) Act 1995 s.53F(2)

A

Unfitness for trial.

Court have to establish:

(a) the ability of the person to:
(i) understand nature of charge
(ii) understand requirement to tender a plea
(iii) understand purpose of trial
(iv) understand evidence may be given against
(v) communicate with legal representatives

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8
Q

Criminal Procedure (Scotland) Act 1995 s.51A

A

Mental disorder/Balance of probabilities

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9
Q

Criminal Procedure (Scotland) Act 1995 s.51B

A

Diminished Responsibility

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