CIVIL AND CRIMINAL PROCEDURE

SHE Level 2
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M2M225115
Module Leader Eleanor Russell
School Glasgow School for Business and Society
Subject Law
Trimester
  • A (September start)

Pre-Requisite Knowledge

Introductory Scots Law M1M223812

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.

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

CRIMINAL LAW Essential Reading Jones &Taggart Criminal Law (6th ed, W Green) 2015 C Connelly Criminal Law basics (5 th ed, W Green) 2013 Gane, & Stoddart A Casebook on Scottish Criminal Law (4 th ed, W Green) 2009 Reference Reading P Ferguson Scots Criminal Law 2009 C Gane et al Casebook on Scottish Criminal Law (4 th ed) 2009 Gordon The Criminal Law of Scotland (3 rd ed) The Stair Encyclopaedia: The Laws of Scotland Additional Reading P Ferguson Breach of the Peace (DUP) 2013 Gloag & Henderson Introduction to the Law of Scotland (13 th ed) 2012 C McDiarmid Criminal Law Essentials 2007 McCall Smith &Sheldon Scots Criminal Law (2 nd ed, Tottel) 2007 II CRIMINAL PROCEDURE Essential Reading Shiels, Bradley & Ferguson Criminal Procedure (Sc) Act 1995 (G reens Annotated Acts, 11 th ed) 2012 Reference Reading -2880 Renton & Brown Criminal Procedure 6 th Ed and Updates Scots Criminal Law Statutes (Reprinted from The Parliament House Book) Additional Reading Alistair N Brown Criminal Evidence & Procedure (3 rd ed) 2010 T Welsh QC Scottish Criminal Courts in Action (3 rd ed) 2009 III CIVIL PROCEDURE Essential Reading Hennessy A Guide to the Courts Reform (Scotland) Act 2014 (W Green) 2015 Hennessy Civil Procedure and Practice (W Green, 4th ed) 2014 Ashton et al Understanding Scots Law (W Green, 2 nd ed) (e-book) 2012 Reference Reading White, Willock & MacQueen The Scottish Legal System (4 th ed) 2013 Conway Personal Injury Practice in the Sheriff Court (3 rd ed) 2011 Busby et al Scots Law - A Student Guide (3 nd ed, Tottel) 2006 N Morrison Greens Annotated Rules of the Court of Session 2011 Greens Sheriff Court Rules 2011-2012 (W Green) 2011 Bryan Clark Scottish Legal System 2006 Auchie et al Introduction to Law and Legal Obligations (2 nd ed) 2009 Additional Reading Sh T Welsh (ed) MacPhail's Sheriff Court Practice (3 rd ed) 2006 Black (ed) Business Law in Scotland (3rd ed) 2015 Sharp and Ross The Vulnerable Witnesses (Scotland) Act 2004, 2008 HajduckiCivil Jury Trials (Avizandum ) (2 nd ed) 2006 ShielsScottish Legal System LawBasics, W Green, (4th ed) 2015 Clyde & EdwardsJudicial Review (W Green) 1999 IV EVIDENCE Raitt Evidence: Principles, Policy and Practice (2 nd ed, W Green) 2013 V PRESCRIPTION AND LIMITATION OF ACTIONS Russell Prescription and Limitation of Actions (7 th ed, W Green) 2015 Johnston Prescription and Limitation (2 nd ed, W Green/SULI) 2012

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. The student's ability to demonstrate a comprehension of the procedures involved in the criminal justice system and apply these principles in a criminal prosecution will be assessed through the written essay. The ability to demonstrate a comprehension of both civil and criminal procedures as well as the law of evidence (including the role of the expert witness) is assessed through the final examination. 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
Assessment (FT) 20.00
Seminars (FT) 10.00
Lectures (FT) 36.00
Independent Learning (FT) 134.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 2.00 100.00 40% Multiple choice questions (worth 40%) plus two previously seen essay questions from four (worth 60%).