An assault is the illegal act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.
In criminal law, diminished responsibility is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired.
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.
The Protection of Children Act 1978 is an Act of the Parliament of the United Kingdom that criminalized indecent photographs of children. The Act applies in England and Wales. Similar provision for Scotland is contained in the Civic Government (Scotland) Act 1982 and for Northern Ireland in the Protection of Children Order 1978.
Not proven is a verdict available to a court of law in Scotland. Under Scots law, a criminal trial may end in one of three verdicts, one of conviction ("guilty") and two of acquittal.
Attempted murder is a crime of attempt in various jurisdictions.
Culpable homicide is a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. Unusually for those legal systems which have originated or been influenced during rule by the United Kingdom, the name of the offence associates with Scots law rather than English law.
Jamieson v HM Advocate is a notable legal case which established a precedent in Scotland which held that a man does not commit rape where he honestly, albeit unreasonably, believes his victim is consenting. This was a criminal case decided by the High Court of Justiciary sitting as the Court of Criminal Appeal. The appeal case was heard before a panel of three judges with the Lord Justice-General as president, with Lord Allanbridge and Lord Cowie. The case is reported at 1994 SLT 537.
Precognition in Scots law is the practice of precognoscing a witness, that is the taking of a factual statement from witnesses by both prosecution and defence after indictment or claim but before trial. This is often undertaken by trainee lawyers or precognition officers employed by firms; anecdotal evidence suggests many of these are former police officers.
Section 11 of the Criminal Law Amendment Act 1885, commonly known as the Labouchere Amendment, made "gross indecency" a crime in the United Kingdom. In practice, the law was used broadly to prosecute male homosexuals where actual sodomy could not be proven. The penalty of life imprisonment for sodomy was also so harsh that successful prosecutions were rare. The new law was much more enforceable. It was also meant to raise the age of consent for heterosexual intercourse. Section 11 was repealed and re-enacted by section 13 of the Sexual Offences Act 1956, which in turn was repealed by the Sexual Offences Act 1967, which partially decriminalised male homosexual behaviour.
Crime in the United Kingdom describes acts of violent crime and non-violent crime that take place within the United Kingdom. Courts and police systems are separated into three sections, based on the different judicial systems of England and Wales, Scotland, and Northern Ireland.
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC.
Wilful fire-raising is a common law offence under Scots law applicable to deliberately starting fires with intent to cause damage to property.
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 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.
Colin John MacLean Sutherland, Lord Carloway, is a Scottish advocate and judge who has served as the Lord President of the Court of Session and Lord Justice General since 2015. He was previously Lord Justice Clerk from 2012 to 2015 and has been a Senator of the College of Justice since 2000.
The Criminal Law (Consolidation) (Scotland) Act 1995 is an Act of the Parliament of the United Kingdom passed to consolidate certain enactments creating offences and relating to the criminal law of Scotland.
Moorov (Samuel) v HM Advocate (additional citation 1930 J.C. 68) is a famous case in Scots criminal law based on criminal evidence and the admissibility of similar fact evidence. The case established a precedent named the Moorov doctrine.
Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.
The importance of corroboration is unique to Scots criminal law. A long-standing feature of Scots law, the requirement for corroborating evidence means at least two independent sources of evidence are required in support of each crucial fact before an accused can be convicted of a crime. This means, for example, that an admission of guilt by the accused is insufficient evidence to convict in Scotland, because that evidence needs to be corroborated by another source.
Culpable and Reckless Conduct is a common law crime under Scots Law.
