Criminal Prosecution in Scotland

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Questions and Answers

In Scotland's legal system, which entity is primarily responsible for conducting criminal prosecutions?

  • The local police department.
  • A private attorney hired by the victim.
  • The Crown Office and Procurator Fiscal Service. (correct)
  • The victim of the crime.

What distinguishes the Scottish prosecution system from some other legal systems regarding the decision to prosecute?

  • The accused individual decides if they want to be prosecuted.
  • The state, through the Crown, decides whether to prosecute, independent of the victim's wishes. (correct)
  • A jury vote is required to initiate prosecution.
  • The victim has the sole discretion to decide whether to prosecute.

Which of the following scenarios aligns with the responsibilities of the 'Crown' in the Scottish legal system?

  • The Crown decides not to pursue a case despite the victim's desire to prosecute, citing insufficient evidence. (correct)
  • A private citizen can appeal a Crown decision to prosecute a case.
  • The police are able to prosecute crimes without the need for the Crown.
  • A victim of theft independently files charges and argues the case in court.

Why is it important that the Crown, rather than the victim, is responsible for prosecutions in Scotland?

<p>To ensure prosecutions are based on legal principles and public interest, not personal emotions or biases. (D)</p> Signup and view all the answers

If a person is a victim of a crime in Scotland, what is their role in the prosecution process?

<p>They provide information and support the Crown, but the Crown decides whether to prosecute. (C)</p> Signup and view all the answers

Flashcards

The Crown (Scotland)

The prosecution service in Scotland, also known as the Crown Office and Procurator Fiscal Service.

Prosecution Authority

In Scotland, the state, not the victim, decides whether to prosecute a case.

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