CIVIL AND CRIMINAL PROCEDURE

SHE Level 2
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M2M208587
Module Leader Eleanor Russell
School Glasgow School for Business and Society
Subject Law
Trimester
  • A (September start)

Pre-Requisite Knowledge

Business Law 1 M1M208546

Summary of Content

During this course students will study the adjectival law relating to actions and procedures in both the Scottish criminal and civil courts, the procedures involved in doing diligence and applying for legal aid in criminal and civil causes.

Syllabus

Criminal Law: Basic Principles of the Criminal Justice System: The concepts of mens rea and actus reus; causation; defences; crimes against the person; Crimes of Dishonesty; crimes against Public Order. Criminal procedure: The powers of the police; questioning; detention; arrest; search; identification parade. Solemn procedure; pre-trial procedure; time limits; citation; preparation of the defence; preliminary diets; accelerated trial diets; the trial; the jury; the verdict. Summary procedure: pre-trial procedure; citation; first calling; intermediate diet; the trial. Sentencing: imprisonment; fines; compensation orders; Community Service Orders; probation; deferred sentence. Appeals: the application of Human Rights to the criminal justice process. Civil Procedure: Procedures in the Sheriff Court ; Court of Session procedure. Prescription and Limitation of Actions: An introduction to the law of evidence, and to the role of expert witnesses in civil and criminal court proceedings.

Learning Outcomes

Upon successful completion of this module students should be able to:- demonstrate a comprehension of the procedures involved in the criminal justice system under solemn , summary and appellate procedure and be able effectively to apply the principles in a criminal prosecution.- demonstrate a comprehension of the procedures involved in the civil court process in the Sheriff Court and Court of Session and be able effectively to apply the principles in a civil litigation.- demonstrate a knowledge of the law of prescription and limitation and an ability to analyse the main principles.- demonstrate a knowledge of the law of evidence, and the role of expert witnesses in civil and criminal court proceedings

Teaching / Learning Strategy

A combination of lectures, seminars and directed studies.

Indicative Reading

I CRIMINAL LAW Essential Reading: Jones & Taggart Criminal Law, W. Green & Son, 6th Edition 2015 Reference Reading: Connelly Criminal Law W Green 5 th ed 2013 Gordon & Christie The Criminal Law of Scotland 3rd edition 2004 Gane & Stoddart A Casebook on Scottish Criminal Law, W. Green & Son 3rd edition 2001 The Stair Memorial Encyclopaedia: The Laws of Scotland, Vol 7, Criminal Law Additional Reading: Gane Sexual Offences 1992, Butterworths, 2nd Edition 2004 Christie Breach of the Peace, Butterworths, 1990 Ferguson Crimes against the Person, 2nd Edition, Butterworths, 1998 Gloag & Henderson Introduction to the Law of Scotland, 11th Edition 2001, W. Green & Son/Sweet & Maxwell McCall Smith & Sheldon Scots Criminal Law, 2nd Edition, Butterworths 1997 Robert Shiels Offensive Weapons, 2nd Edition 1997, W. Green & Son /Sweet & Maxwell Robert Shiels Controlled Drugs, 2nd Edition 1997, W. Green & Son/Sweet & Maxwell II CRIMINAL PROCEDURE Essential Reading Alistair Stewart The Scottish Criminal Courts in Action Butterworths 1997 Shiels & Bradley Criminal Procedure (Sc) Act 1995 W. Green & Son, 4th Edition, 2005 Reference Reading Renton & Brown Criminal Procedure 6th Ed and Updates Scots Criminal Law Statutes (Reprinted from The Parliament House Book) Additional Reading Alistair Brown Criminal Evidence & Procedure Butterworths, 2nd Edition 2002 St Clair & Davidson Judicial Review in Scotland 1986 Carmichael Sudden Deaths & Fatal Accident Enquiries W Green & Son, 3rd Edition 2004 Stoddart Criminal Warrants Butterworths, 2nd Edition 1999 Manson Smith The Legal System of Scotland HMSO 1995 III CIVIL PROCEDURE Essential Reading: Hennessy Civil Procedure and Practice W. Green 4 th ed, 2014 Conway Personal Injury Practice in the Sheriff Court W. Green3rd ed, 2011 Reference Reading: The Scottish Legal System 3rd Edition, 2003, White & Willock (Lexis Nexis Butterworths) McPhails Sheriff Court Practice, (ed. Sheriff T Welsh QC), W. Green & Son, 3rd Edition 2006 Busby et al Scots Law - A Student Guide 2nd Edition, Tottel Publishing; 2006 Additional Reading: Greens Sheriff Court Rules 2007-2008; W. Green & Son; 2007 Greens Annotated Rules of the Court of Session 2007-2008; W. Green & Son; 2007 Bennett Style Writs for the Sheriff Court Ordinary Case, Barnstoneworth Press, 3rd Edition, 2001 Bennett Divorce and Dissolution of Civil Partnership in the Sheriff Court, Barnstoneworth Press, 8th Edition, 2006 Maxwell The Practice of the Court of Session, Scottish Courts Administration, 1980 Anton & Beaumont Civil Jurisdiction in Scotland, W. Green/Sweet & Maxwell, 1995 McCulloch & Laing, Ordinary Court Rules, CLT Professional Publishing, 2nd Edition, 1998 McBryde & Dowie Petition Procedure in the Court of Session, W. Green & Son, 2nd Edition, 1988 Scott Robinson The Law of Interdict in Scotland, Butterworths, 2nd Edition 1994 IV PRESCRIPTION AND LIMITATION OF ACTIONS Russell Prescription and Limitation of Actions W Green, 7 th ed, 2015

Transferrable Skills

Self management: This refers to students' ability to manage their own learning development. These skills are acquired through the range of directed learning activities in the module - particularly through the completion of research tasks. Learning skills: These refer to students' ability to learn effectively and be aware of their own learning strategies. These skills are acquired through completion of the research tasks and through the seminar programme. Communication: This refers to students' ability to express concepts and opinions with clarity and confidence to a variety of audiences and for a number of different purposes. These skills are acquired through the preparation of material for seminars and the requirements to make verbal presentations and take part in role playing exercises at seminars. Groupwork: This refers to the ability to work productively in different kinds of group: formal, informal, project-based, committee-based, etc. These skills are acquired through group-based tasks in seminars. Problem-solving: This refers to the ability to identify the main features of a given problem and generate strategies for its resolution. Within the limited context of problem solving, the student will acquire, through practice in seminars, the ability to analyse a given set of facts so as to identify the relevant legal issues arising therefrom, explain the relevant legal procedures and apply them so as to weigh up the relevant options and to give accurate legal advice.

Module Structure

Activity Total Hours
Seminars (FT) 10.00
Assessment (FT) 18.00
Lectures (FT) 36.00
Independent Learning (FT) 136.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 2.00 50.00 35% 3 questions out of 4
Coursework 0.00 50.00 35% Essay: Case study (1500 words)