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An indictment is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offense, an offense that requires an indictment.
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.
An amicus curiae is an individual or organization that is not a party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Whether an amicus brief will be considered is typically under the court's discretion. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of amici curiae is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question.
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.
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The World's End Murders is the colloquial name given to the murder of two girls, Christine Eadie, 17, and Helen Scott, 17, in Edinburgh, in October 1977. The case is so named because both victims were last seen alive leaving The World's End pub in Edinburgh's Old Town. The only person to stand trial accused of the murders, Angus Robertson Sinclair, was acquitted in 2007 in controversial circumstances. Following the amendment of the law of double jeopardy, which would have prevented his retrial, Sinclair was retried in October 2014 and convicted of both murders on 14 November 2014. He was sentenced to life imprisonment with a minimum term of 37 years, the longest sentence by a Scottish court, meaning he would have been 106 years old when he was eligible for a potential release on parole. He died at HM Prison Glenochil aged 73 on 11 March 2019. Coincidentally, he died on the same day the BBC's Crimewatch Roadshow programme profiled the murders.
An Act of Sederunt is secondary legislation made by the Court of Session, the supreme civil court of Scotland, to regulate the proceedings of Scottish courts and tribunals hearing civil matters. Originally made under an Act of the Parliament of Scotland of 1532, the modern power to make Acts of Sederunt is largely derived from the Courts Reform (Scotland) Act 2014. Since 2013, draft Acts have also been prepared by the Scottish Civil Justice Council and submitted to the Court of Session for approval.
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The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.
The Administration of Justice (Scotland) Act 1933 is an act of the Parliament at Westminster legislating for Scotland which introduced changes in Scottish legal procedure "following the recommendations of a Royal Commission which reported in 1927".
The Sheriff Appeal Court is a court in Scotland that hears appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts, and hears appeals on bail decisions made in solemn proceedings in the sheriff court. The Sheriff Appeal Court also hears appeals in civil cases from the sheriff courts, including the Sheriff Personal Injury Court.
References
- ↑ "Response by the Faculty of Advocates to the request for further consultation by the Office of the Advocate General for Scotland" (PDF). Faculty of Advocates. Retrieved 8 February 2012.
- 1 2 3 "Criminal Procedure (Scotland) Act 1995", legislation.gov.uk , The National Archives, 1995 c. 46
- ↑ Scottish Parliament. Criminal Justice and Licensing (Scotland) Act 2010 as amended (see also enacted form ), from legislation.gov.uk .
- ↑ "Criminal Justice Act 1972 - Attorney General's Reference on a Point of Law under Section 36". www.cps.gov.uk. Crown Prosecution Service. Retrieved 19 April 2022.
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