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The First Diet
The Crown and the defence are expected to address the court on their state of preparation for trial in solemn procedure. If the accused is being prosecuted in the Sheriff Court, this hearing is known as the First Diet. The First Diet is fixed after the indictment is served on the accused. The indictment specifies the charges in which the accused is to face trial. An indictment is served on an accused accompanied by a numbered list of witnesses who may be called by the Crown to give evidence, and a numbered list of productions that may be used. The witness statements and the productions must be disclosed to the defence in advance of the trial diet.
The First Diet must be at least 29 clear days after service of the indictment. Proper service of the indictment is crucial. There are several documents which must be lodged with the court prior to the First Diet. These are the Defence Statement and Joint Written Record. Section 70A of the Criminal Procedure (Scotland) Act 1995 requires the defence to lodge a defence statement with the court at least 14 days prior to the First Diet. Section 70A(9) of the 1995 Act lists the matters which should be contained within the defence statement. The joint written record must be lodged with the court at least two days before the First Diet. The Crown and the Defence are required to state their readiness for trial within these documents. This encourages both sides to discuss the case in advance and resolve matters as far as possible prior to the First Diet.
Mediation in Scotland
Mediation is a voluntary process where you meet with the otherside and a trained neutral mediator to try and work with them to reach an agreement about the issues that need to be sorted out.
Mediation can be used in many different types of cases but can be particularly useful in complicated disputes or where there are difficult relationships to manage.
The mediator will not tell you what to do but will work with you both to try and get you to reach an agreement. Every mediator is different and will take their own approach to things. They will encourage you to keep an open mind about matters.
It can be helpful because you have more control over what is agreed. You will have a better understanding of where the other side is coming from, if you hear it from them either directly, or via the mediator. Misunderstandings can be cleared up much more quickly.
Mental Health Awareness Week
Monday 15th May 2023 marks the beginning of Mental Health Awareness Week. In recognition of this Fleming & Reid Solicitors would like to highlight the work of our Mental Health team.
Our team of Mental Health lawyers include Curators ad Litem appointed by the Mental Health Tribunal. The Curator ad Litem is appointed to safeguard the interests of a patient before the tribunal. Consequently, our work is approved by the Mental Health Tribunal Service.
The abolishment of the 'Not Proven' verdict in Scotland
The ‘not proven’ verdict is a second acquittal verdict unique to Scots law, that exists alongside the ‘not guilty’ verdict. An accepted definition of the ‘not proven’ verdict does not exist, yet it can be suggested that it is used when the jury thinks the accused to be probably guilty but does not find that the case has been proved beyond reasonable doubt. Judges have been instructed not to endeavour to explain the difference between the two acquittals. Consequently, jurors receive no direction or clarification on this difference between ‘not proven’ and ‘not guilty’, or on the meaning of the verdict in general.
In September 2022, then First Minister, Nicola Sturgeon announced the introduction of the Criminal Justice (Scotland) Bill. If this is passed, the ‘not proven’ verdict will be abolished.
Child Contact and allegations of Domestic Abuse
A new research study has been published by the Scottish Civil Justice Hub entitled ‘Domestic Abuse and Child Contact: The Interface between Criminal and Civil Proceedings’. Funded by the Scottish Government, the project looked at the operation of Scots family law in cases of child contact that involved allegations of domestic abuse.
To understand the ways in which domestic abuse proceedings inform the handling of child contact cases, the researchers carried out a series of semi-structured interviews with legal practitioners.
The results of the report are summarised in eight essential themes, relating to the relationship between domestic abuse and coercive control, and twelve recommendations, informed by practitioners engaged in family law proceedings.
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