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Examine roles and responsibilities within the legislative system of Scotland, of the various professionals and agencies, which would have been involved in the identified case studies.

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  • Essay length: 3956 words
  • Submitted: 03/05/2002
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University Degree Jurisprudence

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The O'Donnells

The law is produced by two main processes: by legislation and by rulings made by courts. Legislation (Statute law) comprises Acts of Parliament, Acts of the Scottish Parliament as well as legislation of the European Communities. Rulings made by the higher courts and binding in the lower courts is referred to Judicial precedent or (Case law). For civil cases in Scotland the House of Lords is the final Court of Appeal.

There is a link between Statute law and Case law in terms of defining certain words in Statute law, i.e. "significant harm" Courts may be called upon for interpretation of such words.

Assuming Michael had been detained in custody and appeared in court on the next lawful day, under the CP(S)A 1995 a Summary procedure would follow either in the District or Sheriff Court (case law). The Police would file a report to the (PF) whereby s/he would make further enquiries to build up a full dossier of evidence. The (PF), would decide whether the offence was serious enough to prosecute. At the First Court Appearance (on complaint) the (PF) would set out the charge(s), to the sheriff or magistrate. A Pleading Diet would

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