Section 3a Of Scotland Case Study

Decades before the implementation of the Human Rights Act , Viscount Sankey’s prose in Woolmington v DPP alluded to the presumption of innocence as the “one golden thread” which runs through the web of English criminal law . He essentially establishes that the legal burden of proving the defendant’s guilt lies with the prosecution . This principle is arguably underlying in every jurisdiction that respects ones right to a fair trial and is the foundation of the criminal law. There are two important themes that must be discussed relating to the principles set out in Woolmington: Firstly, in this case it was acknowledged that there can be instances where a reverse burden of proof is applied and that in fact, the onus is on the defendant to prove his innocence rather than for the prosecution to prove his guilt. Secondly, despite some departure from the Woolmington principle, it does not inevitably necessitate that the law has been unfaithful to its underlying rationale. A common deduction of the Woolmington principle is that Sankey, in his judgement, is ambiguous and left too much open to interpretation. Furthermore, it has been argued by Adrian Zuckerman that the way in which something is written can in fact lead to a justified imposition of a legal burden on the defendant and that the accused will only have to prove their innocence by disclosing an onerous burden in situations where legislation expressly commands them to.

This essay focuses on intentional tort, which includes trespass to person consisting of battery, assault and false imprisonment, which is actionable per se. It also examines protection from harassment act. The essay commences with a brief description of assault, battery and false imprisonment. It goes further advising the concerned parties on the right to claim they have in tort law and the development of the law over the years, with the aid of case law, principles and statutes.

Similarly for a person who has been accused of an offence is to be regarded as innocent "until her/his guilt has been legally determined"(The Swedish Courts). This right is almost identical to the one implemented in the U.S.

ASIC submitted the appropriate penalty for each contravention which ended up being $130,000. The court ordered that Mr Vizard spend penalties in the number of $390,000, but noted who would include enforced a larger penalty in the event that 'left uninstructed'. Importantly, Justice Finkelstein noted that the current highest penalty volume of $200,000 for each contravention was in location for greater than 13 years and could require evaluate by Parliament.

This effort on my part has recently led me to an important judgment of our High Court Division issued on April 7, 2003 as reported in 23 BLD (HCD) 2003. It has raised some crucial points which I want to share today with my readers. Referring to Section 54, the Judges in this case have drawn attention to aspects pertaining to the role to be played by police officers to avoid prisoners suffering abuse of proc-ess. Para 11 of this judgment observes that if a person is arrested on the basis of 'credible information, ' nature of the infor-mation and source of information must be disclosed by the police officer and also the reason why the officer believed the infor-mation. After that a fundamental distinc-tion is made -- 'Credible means

Dia dhuit! Scotland’s culture is unique in numerous ways. This passage should help you better understand the country, and culture of Scotland. Scotland has lots of distinct features, including landscape, towns, religion, and cultural practices. My ancestry migrated from Scotland, so you will read the similarities and differences between my family culture, and Scotland’s culture. Scotland’s cultural practices are a lot different than countless other countries.

Computer misuse act 1990:The Computer Misuse Act 1990 is a law passed by the British

Amongst the thick accents and the locks of ginger hair under a constant cover of rain lies a country wrapped in tartan and populated with the boisterous clans of the Scots. Throughout centuries Scotland has produced innovative ideas, accomplished writers and highly decorated athletes. The rolling hills and the multiple munros and the great depths of the lochs scattered around northern scotland all add to the natural beauty of the country. Even though the weather is bleak and miserable this just adds to the character of the place. Here in this land of vast beauty live the world's greatest people - the Scots!

Aberdeenshire is positioned on the North East of Scotland (Aberdeen City and Shire Film Office , 2016) and as of 2011 had a population of 252,973 people (Scotland 's Census, 2011). In regards to the population the number of males to females in Aberdeenshire only suffered an acute difference with there being a slightly higher percentage of females than that of males (Scotland 's Census, 2011). The age group which holds the largest number of the population in Aberdeenshire as of 2015 is those who are aged between 45 and 59 (National Records of Scotland, 2015). Aberdeenshire is host to over 150 primary schools and 17 secondary schools, combined these schools sustain over 36,000 students (Aberdeenshire Council, 2016).Throughout 2015 the number of people unemployed in Aberdeenshire had endured an increase (Aberdeenshire Council, 2016), however although the unemployment figures have raised from 1,079 claimants to a higher 1,510, Aberdeenshire’s average household income of £42,413 is still greater than Scotland’s average as a whole (Aberdeenshire Council, 2015). Aberdeenshire is home to 20 leisure centres and swimming pools, not including their four ski centres (Aberdeenshire Council, 2016) and over 50 golf courses (Visit Aberdeenshire , 2016). Aside from sports Aberdeenshire is also known for its huge Granite industry especially in the 19th Century (Building Conservation, 2007).

A rural economic crisis occurred as there was a decline of people working the land. The highland population between the years of 1921-1930 witnessed a decrease of 13.8% in the highland counties alone. This can be explained through an increase in emigration, loss of life from World War One and a general decline in agriculture. The 1920’s saw an overall increase in emigration from Scotland, many of these came from rural areas. An explanation into rural emigration could be in response to the land raids that were occurring during this time. Land raids were carried out mainly by ex-servicemen who were under the illusion, they would be rewarded in land for war efforts. Therefore, showing the impact of the interwar years upon rural society in Scotland. Another industry that suffered post war was the fishing

The first step in improving Scotland’s lobbying register is not to make it a high-regulation system but rather to ensure it first meets the criteria of a medium-regulation system. ERS Scotland has identified five key areas in which they would like to see improvements:

Both Robert Burns and William Wordsworth use the past in their poetry to inspire readers to change their future but the two poets go about it in very different ways. Burns focuses on the collective history of Scotland, drawing on its folk songs, national heroes and culture to create revolutionary sentiment in his readers. Wordsworth sits at almost the other end of the spectrum he focuses in on the past of individuals and how their futures could be changed through their mind-sets.

A person by the name of Anita Durrani was dragged unnecessarily in the matter on live TV as the ‘other woman’ in the case just out of mere speculation. Even a young friend only 17 years of age was not spared and he was named by police in direct contravention of international norms where all efforts are

This article ensures the prohibition on arbitrary arrest and detention. It has been a long common method to deprive a person of his liberty by imprisoning. The deprivation of liberty is used as preventive measure for further offences occurring, flight or interference with material facts or witnesses in order to fight crime and maintain internal security. Such a measure should only be allowed if used when necessary because deprivation of personal liberty places the person affected in a vulnerable position because he could be subjected to torture and inhuman and/or degrading treatment.

Although extradition is a general procedure in a criminal justice system , it is quite terrible when people have to be sent to the foreign court and have little help in legal aspects. In recent years, there have been a lot of concerns in the Europe countries that the fast process of extraditions under the European Arrest Warrant (EAW) are biased against the innocent. (The Economist , 2010) Nowadays, the EAW is the automatic process in the European Union country which can extradite wrongdoers or the innocent. (The Economist, 2010) European countries agree to use the EAW because the extradition used to be an extremely slow and inconvenient process. Therefore, the solicitors can take advantages and earn a lump sum of money. Hoping to solve these problems, EU enacted the arrest warrant which can repatriate criminals from other countries and ended the situation. (Spencer, 2010) For example, Osman Hussain, who was a bomber and set off a bomb in London in 2005, was sent from Italy in a very short time because of the EAW. However, the EAW was criticized by critics that it was not fair with people who do not commit a crime and used with improper ways to extradite people from the country to another country. (The Economist, 2010) This essay will argue that there are many reasons why the EAW is unfair and can be considered as a burden on the innocent. However, it is not correct to reject this law but we should support the proposal to improve the procedural rights.