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Scottish Criminal Evidence Law

Current Developments and Future Trends

Edited by Peter Duff, Pamela R. Ferguson

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Analyses the recent, sweeping changes to Scottish criminal evidence law and what they entail

Scottish criminal evidence law has recently undergone major, primarily reactive changes, with more reform on the way. These ad hoc developments are fundamentally altering the basic principles of Scottish criminal evidence which have been in place since the 19th century. This book gathers leading experts in the field to analyse these changes, discern any patterns and ask what the ramifications are for the future of Scottish criminal evidence law.

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Contents

Table of Cases

Table of Legislation

Introduction
Peter Duff and Pamela Ferguson

1. Cadder and Beyond: Suspects’ Rights and the Public Interest
Claire McDiarmid

2. ‘Access to Justice’ For Complainers? The Pitfalls of the Scottish Government’s Case to Abolish Corroboration
Ilona Cairns

3. The Relevance of Sexual History and Vulnerability in the Prosecution of Sexual Offences
Liz Campbell and Sharon Cowan

4. Similar Fact Evidence And Moorov: Time for Rationalisation?
Fraser P. Davidson

5. Hearsay in Scots Law: Rethinking and Reforming
Gerry Maher QC

6. Eyewitness Identification Evidence And Its Problems: Recommendations for Change
Pamela R. Ferguson

7. Assessing Witness Credibility and Reliability: Engaging Experts and Disengaging Gage?
Donald Nicolson and Derek P. Auchie

8. The Process Of Criminal Evidence Law Reform In Scotland: What Can We Learn?
James Chalmers, Fiona Leverick and Shona W Stark

9. Scottish Criminal Evidence Law Adrift?
Peter Duff

Bibliography

Index

About the Author

Peter Duff is Professor of Criminal Justice at the University of Aberdeen School of Law. He is contributing author to: Victims in the Criminal Justice System, The Jury Under Attack, Criminal Injuries Compensation, Juries: A Hong Kong Perspective and Criminal Justice in Scotland. He has also published in the following journals: Juridical Review, Edinburgh Law Review, Oxford Journal of Legal Studies, International and Comparative Law Quarterly, Modern Law Review, Criminal Law Review, British Journal of Criminology, Scots Law Times. In 1999, he was appointed as one of the first members of the new Scottish Criminal Cases Review Commission, which investigates alleged miscarriages of justice, and was a Commissioner until 2007. He was also a member of the McInnes Committee on Summary Criminal Justice, which sat in 2002-2003.

Pamela Ferguson is Professor of Scots Law at the University of Dundee. She is author of Breach of the Peace and Scots Criminal Law, 2nd edition (EUP, 2014).

Reviews

Scottish criminal evidence law is in an uncertain state today. This book subjects it to critical analysis. It brings together a stimulating collection of essays, each of which derives to be read carefully. They should be thought about carefully too, as plans are laid for the law’s future development.

- Lord Hope of Craighead KT, Formerly Deputy President of the UK Supreme Court