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SCOTTISH LEGAL SYSTEM
F1A7 34
11/24/2013
|

Contents Terms of reference 2 Procedure 2 Police 2 Duties of the Police 2 Police Powers 2 Search 2 Arrest 2 Question 2 Detain 3 After inquires 3 Article 3 Procurator fiscal 3 Role of the PF 3 Crime 3 Suspicious deaths and FAI 3 Police Complaints 4 Powers of PF 4 Lord Advocate 5 Advocate-Depute 5 Bibliography 6 Appendixes 7 Appendix A 7 Appendix B 7 Appendix C 7 Appendix D 7 Appendix E 7

Terms of reference
My tutor John Allan has requested a report to be produced, which I will provide him with information on: * Duties of the Police, the powers of the police and the role of the police * Duties of the Procurator Fiscal, the role of the Procurator Fiscal and the powers of the Procurator fiscal * The role of the Lord Advocate * The role of the Advocate-Depute
Procedure
In order to produce this report, there was extensive research carried out * Reading the handouts * Using the internet for the websites
Police
Duties of the Police
The Duties of the Police under the Police Scotland Act 1967 is to make sure that offences do not happen and also to protect the public from crime and assaults.
Police Powers
Search
The police have the right to stop and search people in they think they are in possession of weapons. Please check appendix A for the full list. Before the police can search a person they must have reasonable grounds to search them.
Arrest
Police can arrest a person if there is a valid warrant in place for the person or the police can also arrest a person without a warrant if they suspect a crime has been committed. Please check appendix b for the full list. A police officer also has the power to arrest a person without a warrant under a range of statutes, for example, the Misuse of Drugs Act 1971 and the Prevention of Terrorism Act 2000.
Question
The police have the right to stop and question an individual in the street if they suspect the individual of a crime or are witness to a crime. If an individual is stopped and asked questions they are expected to co-operate with the police and provide basic details such as name and address. If an individual provides false details they can be arrested for this crime.
Once the person has given the police their name and address it is up to them to decide whether they want to ask more questions. If they want to ask you more questions they can do so. Please check appendix c for a list of actions. If police have no further questions you should be allowed to leave.
Detain
If a person get detained the police has a right to hold the individual for up to 12 hour, then it can be decided by the police custody officer if they are getting released or detained for a further 12 hours. When an individual is being detained the police will take statements, fingerprints and also palm prints. If they are under 16 then the police have to contact the parents to let them know that the individual is detained.
After inquires
After police have completed their inquiries then a decision to prosecute an individual under the relevant law they have broken is made based on the evidence they have collected. The evidence is required to be sufficient otherwise the person should be released without charge. If the charge is minor the offender is sent for a citation from the procurator fiscal after being released. If the charge is more serious the police will hold the individual in a police cell until they can appear before the courts that will make the decision to bail the offender or remand into custody.
Article
In the article I have chosen the role of the police was fundamental in taking a gun carrying criminal of the street. If the police had not detained this criminal then there could have been serious consequences.
Procurator fiscal
Role of the PF
The role of the procurator fiscal ( known as PF in this report) is to prosecute individuals for committing a crime that there is evidence of or in suspicious deaths or police complaints. This part of the report will take a look into the role of the PF in these categories.
Crime
The PF looks at the evidence that has been gathered during the investigation into an allege crime. From the evidence that is presented to the PF they must decide if it is sufficient enough to take the offender to court. Evidence is only sufficient if they is 2 independent pieces of evidence, such as eye-witness or forensic evidence. If there is not the required evidence then the PF can either drop charges or ask the police to investigate further.
Suspicious deaths and FAI
The PF is responsible for investigating suspicious deaths in Scotland. When a person dies in suspicious circumstances the PF must then launch investigation to find out why that person died. The PF is also responsible for investigating fatal accidents to find the cause and to find is someone is to blame. By investigating, the PF can then ensure that if someone is responsible they are brought to justice.
Police Complaints
The PF is responsible for investigating any complaints made against the police if senior officers deem them to. This involves asking for the report from the police that senior offices have complied and interviewing the complainer. This allows the PF to establish if the police have a case to answer to from the complainer. By the PF investigating this means the investigation is independent.
Powers of PF

This part of the report will look at the powers the PF have. I. When the pF receives reports they must look at the evidence given to them II. The PF then must decide the charge the individual faces after committing the crime III. The PF must look at all the evidence and decide if it is sufficient. IV. If the evidence is sufficient the PF must decide whether to prosecute. V. The PF must decide whether to bail a offender to appear at court at a later date or if the must attend court from custody. VI. The PF must look at prosecution alternatives to reduce to number of offenders required to attend court. VII. The PF is responsible for issue citations to offenders to ensure they attend court. VIII. The PF is responsible for conducting any questioning they think is necessary. IX. The PF will issue warrants for securing further evidence, arresting an offender or if the offender fails to appear at court. X. The PF will ask the crown court to prosecute an offender if the offence is deemed too serious to be dealt with by the Sheriff court or jury court. The PF will ask the Advocate-Depute to initiate investigations of behalf of the high court.
The PF can only prosecute an offender in the jury court or sheriff court. If a crime is serious enough to be moved to the high court the PF must initiate the crown office to investigate the crime by providing their evidence and reports.
In my chosen article the PF prosecuted a former depute fiscal who downloaded indecent images of children. They collected the evidence required and took the former depute fiscal to court and he was found guilty.

Lord Advocate
The Lord Advocate is a chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. See Appendix D for 5 roles of the Lord Advocate.
Advocate-Depute
The Advocate-Depute are appointed personally by the Lord Advocate of the day. They are responsible for: See Appendix E. They are responsible for prosecuting in the most serious crimes in the High Court of Justiciary.

Bibliography

http://www.adviceguide.org.uk/scotland/law_s/law_legal_system_s/law_police_s/police_powers_scotland.htm
1 D) http://www.heraldscotland.com/news/crime-courts/jail-for-man-found-with-gun-in-car.22718250 http://www.victimsofcrimeinscotland.org.uk/the-justice-process/prosecution-process/investigation-and-prosecution/ http://www.scotland.police.uk/about-us/police-scotland/complaints-about-the-police/the-complaints-process/ http://www.pdso.org.uk/advice.php http://www.heraldscotland.com/news/crime-courts/child-porn-lawyer-is-sentenced-to-night-classes.22708438
3) http://www.heraldscotland.com/news/home-news/lord-advocate-role-increasingly-political.22404889
4) http://www.scotsman.com/news/scotland/top-stories/fraser-free-to-appeal-arlene-killing-conviction-1-1117668

Appendixes

Appendix A * Drugs under the misuse of the drugs act 1977 ; and/or * an offensive weapon; and/or * stolen property; and/or * alcohol if you are at certain major football or rugby matches or on public transport travelling to such an event; and/or * evidence in relation to an offence under the Protection of Wild Mammals (Scotland) Act 2002; and/or * cash or the cash equivalent of £1,000 or more and that this is the result of criminal activity * fireworks that you intend to use anti-socially.
Appendix B * in the act of committing a crime; or * accused by an apparently credible witness of being seen committing a crime; or * seen running away from the scene of a crime pursued by others; or * threatening danger to the public; or * Causing an offence to public decency.
Appendix C * ask you to attend voluntarily at the police station to help with enquiries; or * detain you for questioning for up to 24 hours; or * Arrest you for allegedly committing an offence.

Appendix D * Investigation of sudden deaths * Prosecute in important cases * Lord Advocate ,ay consult with the Procurator Fiscal as to criminal procedures * Proposed Criminal Legislation he will advise Parliament with them * Lord Advocates references in relation to a change in the law
Appendix E * Giving advice and instruction to the Procurators Fiscal on general or particular issues * Deciding and recording what proceedings should be taken with cases reported to the Crown Office by the Procurator Fiscal if there is any * Represent the Crown in the Appeal Court * Advise the government on criminal issues

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...------------------------------------------------- Integrated & Collaborative Working Val McKay 20th November 2012 Within Childhood practice Within Childhood practice Integrated and Collaborative Working within Childhood Practice Introduction In this Essay I will discuss how integrated and collaborative working is a better approach in Childhood Practice than previous approaches which were fragmented. This fragmentation created a system where unnecessary cost and bureaucracy was incurred as agencies worked in isolation. This can lead to policies and procedures not being followed to the required standard expected within childcare practice. I will discuss the advantages and barriers to collaborative and integrated working and will identify how I believe this approach works well in my workplace. Main Body Integrated and Collaborative working within childhood practice is vital and it is imperative that all agencies are working together. This approach will prevent any loopholes or local arrangements developing and results in non-conformance with policies and procedures and leads to a disjointed system occurring which ultimately may result in Child poverty, Inequality, Social Exclusion, Educational Underachievement and Poor Health & Well Being. The Advantages of Collaborative working is that all staff implements a “Holistic Approach” with the child and families concerned to ensure that their needs are being met and enables adherence to the appropriate guidelines, policies and procedures from Inverclyde...

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