Structure of Scots Law

Introduction to Media Law

BS1258

Introduction to Media Law
Maggie Anderson
Department of Law - Level 4 ABS
Tel 263351
Email: [email protected]

Module Information
Lectures
Tutorials (begin next week)
Module assessment EXAM Only!
Reading materials
ESSENTIAL READING
McInnes .R. (2010) Scots Law for Journalists, 8th ed.,
W.Green
Scots Law text!



BUSBY et al., (2006) Scots Law - A Student Guide. 3rd ed.,
Tottel Publishing Ltd

ADDITIONAL RECOMMENDED READING
Quinn, F., (2011) Pearson Longman Publications


See the module handbook on MOODLE

The Role of the Media why the
law module?
Journalists Watchdogs of Justice


Require a knowledge and
understanding of the law


Rights but also responsibilities

The media in the UK - Any
special protection?
No rights distinct from the ordinary citizen
However there are a number of relevant
defences available to the press/media in
law that are distinct (and will be covered
in future lectures)
Legal Resources
STATUTE/BOOKS/JOURNAL
ARTICLES/CASES
Finding:
Case Law
For the duration of the module you will be
referred to case law

WESTLAW!
Case citation example:
HM Advocate v. Danskin 2000 S.C.C.R 101

Resources - Case citations
Session Cases (SC)
The Scots Law Times (SLT)
Scottish Criminal Case Reports (SCCR)
Scottish Civil Law Reports (SCLR)
Greens Weekly Digest (GWD)
English case reports can be found in:
Appeal Cases (AC)
Queens Bench (QB)
Chancery (Ch)
Weekly Law Reports (WLR)
All England Law Reports (All ER)
Resources - databases
LAW RESOURCES
WESTLAW
LEXIS NEXIS

Also see moodle for further
e-resources

Structure of Scot law
Types of law
Public Law
Criminal
The State v. The Accused
Murder
Culpable Homicide
Rape
Theft/Reset
Fraud
Purgery
Driving Offences
Public Order Offences



Private Law
Civil
Person v. Person
Delict (negligence)
Family
Adoption
Divorce
Bankruptcy
Employment



Scots Courts
Distinct from the English court system
CRIMINAL COURTS
High Court of Justiciary (as court of
appeal)
High Court of Justiciary (as court in the
first instance
Sheriff Court (sitting as a criminal court)
Justice of the Peace Courts( previously
District Court)


High Court of Justiciary
The HIGHEST criminal court in Scotland as
court of appeal
Lord Justice-General
Lord Justice-Clerk.
Lord Commissioners of Justiciary

HC of J - Circuit Court
Based in Edinburgh but can sit in any town in
Scotland
But typically sits in
Aberdeen/Dundee/Perth/Glasgow etc.
Always solemn procedure
Lord Advocate; Solicitor General; Advocate
Depute
PENALTIES = UNLIMITED!!!
Appeal to HCofJ as court of appeal
High Court of Justiciary as court of
APPEAL!!!
EVERY 3-4 WEEKS IN EDINBURGH
Lord Commissioners of Justiciary
CAN
Quash
Modify sentence
Or
Refuse Appeal
High Court of Justiciary as court of
APPEAL!!!
Preliminary Hearing to check
Preparation
Pleas??, guilty? Not guilty?
Special Defences
Alibi
Incrimination
Insanity
Coercion
Automatism
Sheriff Court
The Sheriff
Can hear all crimes committed in
Sheriffdom but NOT the most serious ones
i.e. Murder, Rape as HCofJ has exclusive
jurisdiction over such criminal
Sheriff Court
Summary Procedure
Sheriff sits alone no jury
Less serious cases
Summary complaint
Notice of Penalties
Schedule of previous
convictions IF accused found
or pleads guilty
Up to 12 months imprisonment
and or up to 10000 fine
Appeal to HCofJ
Solemn Procedure
Sheriff + Jury of 15
More serious crimes
Sheriff advises jurors on law
Jury decide
Petition
Statements
Indictment
Up to 5 years imprisonment
and or an UNLIMITED fine
May refer to HCofJ if greater
sentence to be imposed
Appeal to HCofJ



Prevention of Delay
Prevention of Delay of Trials
The Twelve Month Rule s.65 of CP(S) Act 1995
The 80-day Rule
The 110-day Rule for Summary proceedings in
Sheriff Court (and preliminary diet proceedings
in Solemn proceedings)
140 day rule Solemn Trials (extended by
Criminal Procedure (amendment) (Scot) Act
2004
Verdicts
There are 3 possible verdicts:
Guilty
Not Guilty
Not Proven = verdict of acquittal
IF GUILTY
Mitigation - How soon did accused plead
GUILTY SEE Criminal Procedure (Scotland) Act 2004 s196
Sentencing!


Scots Courts
CIVIL COURTS
The Supreme Court (previously the House
of Lords)
Court of Session
Sheriff Court (sitting as a civil court)

The Scots Courts
Civil Courts
All matters NOT criminal i.e. A forum in
which private citizens can resolve their
dispute between each other
Pursuer seeking a remedy for as legal
wrong
And
Defender seeks to defend/rebut legal
action
Civil Court
The pursuer, if successful, will be awarded
a remedy. i.e. damages payable to the
pursuer by the defender
Remedy should put the pursuer back into
the position he or she would have been in
had the loss/damage/injury not occurred
Standard of Proof in civil actions
=
A balance of probabilities
Supreme Court
UK WIDE CIVIL Court of Appeal NO cases
in first instance
Was House of Lords
Now
Supreme Court
Based in London

The Court of Session
Highest Civil Court in Scotland
It has exclusive jurisdiction for actions of
Reduction
Adjudication
Proving tenor of lost documents
Declarator of marriage
Petition for liquidation
CofS - Outer House

The Outer House
Court of the first instance, does NOT hear
appeals
Lord President and three Lords Ordinary
Summons calls defender to court and sets out
pursuers claim/ petition i.e. petition the court
Defender may lodge written defence
Open Record, states facts and law both parties
will rely on in court

Outer House
Appeals from Outer House to the Inner
House of the Court of Session
Inner House - Court of Session
First Division:- Lord President and 3
Lords of Session
Second Division:- Lord Justice-Clerk
and 3 Lords of Session
Jury Trials i.e. industrial accident
claims
Sheriff Courts
Scotland has 6 Sheriffdoms (HEARING
BOTH CIVIL AND CRIMINAL CASES)
1. Grampian, Highland and Islands;
2. Tayside, Central and Fife;
3. Glasgow and Strathkelvin;
4. Lothian and Borders;
5. North Strathclyde; and
6. South Strathclyde, Dumfries and
Galloway.
Sheriff Court-Civil
Judge is a Sheriff
The Senior sheriff = Sheriff Principal
No jury - Sheriff sits alone as judge
Civil action procedures
1. Small Claims Procedure
2. Summary Cause Procedure
3. Ordinary Procedure

Civil cases Some terminology
Initial Writ
Condescendence
Summons
Claim
Statement of Claim
Warrant
Copy Summons
Form of Response
Counter Claim
Undefended Claim
Minute

Defended Claim
Period of Adjustment
(open record)
Record Closed
Hearing of Evidence or
Proof
Productions
Reading for tutorial
McInnes (2010) CHAPTERS 4&5
Busby et al (2011)
Sources of Scots Law

Sources of Scots Law
Sources of Scots law
Legislation
Precedent
Institutional Writers
Custom
Equity
Structure of Scots law
The Courts
Legal procedure
Terminology


Scots Law - Sources
Legislation/Statute
EU Treaties and Conventions i.e. Human
rights - Directives and Regulations

Westminster Parliament

Scottish Parliament
Introduction
Primary legislation treaties/
conventions
Secondary legislation:
Regulations directly applicable to the
member states
Directives not directly applicable
usually time to implement
Decisions bind only those to who they
are addressed
Introduction
Legislation
Acts of Parliament, Statutes, Statutory
Instruments, delegated legislation
Bills
Westminster green paper, white paper,
consultation, bill, Royal Assent = Act of
Parliament
Scotland general debate on the general
principles, consideration of the details, vote on
the bill, Royal Assent = Act of the Scottish
Parliament


Legislation

The Scottish Parliament
Scotland Act 1998 s29(1)
An Act of the Scottish Parliament is not
law so far as any provision is outside
the legislative competence of the
Parliament
Reserved & devolved matters


Introduction
Case law/common law/judicial
precedent
Point of law
Decisions of a lower court =
persuasive
Decisions of a higher court =
binding
Distinguished differences
between the two cases

Introduction
Ratio decidendi legal reason on
which decision is based
Obiter dicta things said by the
way by the judge not binding
Law reports
Case citations:
Morrission v Robertson 1908 SC 332
Stewart v Stewart 1899 1 F 1158
Institutional Writers
Institutional Writers e.g,
Stair Institutions of Scots Law (1681)
Erskine, An Institute of the Laws of
Scotland (1773)
Hume, Commentaries on the Law of
Scotland respecting Crimes (1797)
Bell, Commentaries on the Law of
Scotland (1810)



Westlaw
Student portal
library
resources
Databases
Westlaw
Robert Gordon University
(Log in details as RGU log in)

For next week
See MOODLE for Tutorials - they begin
next week!




Westlaw and Lexis Nexis
Legal Data base
Case law
Articles
Case comment
Legislation status updated regularly