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Right to retain a personal copy of the complaint document
editAt all times the accused has the right to retain a copy of the complaint document.
The complaint document is marked CITATION and is sent out by the procurator fiscal, the Scottish body responsible for prosecutions.
Right to request precognition interviews of prosecution witnesses
editThe purpose of a precognition interview is to establish what a witness will say in response to prosecution and defence questions at trial.
The accused may request for Police Scotland officers to be precognised.[1]
Right to request precognition of defence witnesses
editPeople who would be helpful for the defence of trial may be requested to provide a precognition interview via the defence solicitor.[2]
Right to call defence witnesses to trial
editThe accused has the right to request for the defence solicitor to call defence witnesses to trial.
Right to have access to crown witness statements
editSome solicitors will email the crown witness statements in full. Other solicitors might provide summary versions of these statements.
Right to serve a "Statement of uncontroversial evidence"
editThe accused may serve a statement of uncontroversial evidence on the procurator fiscal and the court.
A defence solicitor can undertake this on the accused behalf.
If the procurator fiscal does not respond the evidence in the statement is taken as proven for the purposes of the trial.[3]
Right to change defence solicitors
editIf a defence solicitor does not provide legal advice or refuses to undertake requested precognitions, the accused has a right to change solicitors.
Right to complain to the Scottish Legal Complaints Commission (SLCC)
editIf a solicitor refuses to undertake precognition interviews for the defence of the case the accused has a right to complain to the Scottish Legal Complains Commission.[4]
See also
editReferences
edit- ^ Police Scotland:Police Officer Precognitions at official website. Accessed 16 August 2015
- ^ Victims of Crime:Precognitions at official website. Accessed 16 August 2015
- ^ Scot Courts:Statement Uncontroversial Evidence at official website. Accessed 16 August 2015
- ^ SLCC:Scottish Legal Complaints Commission at official website. Accessed 16 August 2015
External links
editCategory:Scottish criminal law
Aiton v HM Advocate 1987 JC 41 LJ-C (Ross) at 43; HM Advocate v Penders 1996 JC 107; Stark and Smith v HM Advocate 1938 JC 43; Morrison v Burrel 1947 JC 43
Criminal procedure (investigation) | ||
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| Criminal investigation | ||
| Criminal prosecution | ||
| Charges and pleas | ||
| Related areas | ||
