Билет № 6

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Criminal and Civil procedure in Scotland

Criminal trial in Scotland in the basic features rather essentially differs from English, and historically it was more close to the French system of legal proceedings. Judicial rules 1936 and 1965 served for it as legal sources until recently, however the British parliament on presentation of the Legal commission for Scotland has issued the Law on criminal trial (for Scotland) 1975 representing, in essence, the criminal - remedial code, made according to the Scottish system of the right and incorporated norms as legislations, and a case law. As the important addition to it (him) laws on criminal justice (for Scotland) 1980 and serve 1987. Thus, as against England, the norms of criminal trial in Scotland are codified at present.

Civil process in Scotland, before much borrowed of the Roman right, is nowadays adjusted basically by uncodified acts and judicial rules in which development the major role belongs to Sessional court. The large places in its regulation take also the norms of the Scottish case law originally treating questions of an assumption and an estimation of proofs, and also a number of other procedure institutes.

Зав. кафедрой Полушина Л.Н.

Билет № 7

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Criminal Justice

The Government's strategy for dealing with crime is to sustain the rule of law by preventing crime where possible; to detect culprits when crimes are committed; to convict the guilty and acquit the innocent; to deal firmly, adequately and sensibly with those found guilty; and to pro­vide more effective support for the victims of crime. It is also concerned with ensuring that public confidence in the criminal justice system is maintained and that a proper balance between the rights of the citizen and the needs of the community as a whole is maintained.

With continuing concern in Britain, as in many other countries, over rising crime rates, public expenditure on the law and order programme re­flects the special priority given by the Government to these services. Recent increases have been made to cover, in particular, greater police manpower, the probation service and extra spending on, prison building. More than two-thirds of total expenditure is initially incurred by local authorities (with the help of central government grants), mainly on the police service.

A number of measures to strengthen the criminal justice system have been taken. The Drug Trafficking Offences Act 1986 provides for the pretrial freezing of suspected drug trafficker's assets, backed up on conviction by immediate confiscation of the assets to the value of the proceeds of the crime; similar provisions are included in the Criminal Justice (Scotland) Act 1987. The Public Order Act 1986 codifies the common law offences of riot, unlawful assembly and affray; enhances the powers of the police to control public processions and assemblies likely to result in serious disorder or disruption; strengthens the law against incitement to racial ha­tred; and provides additional powers to combat football hooliganism. Under the Criminal Justice Act 1987 a Serious Fraud Office with wide powers to investigate and prosecute serious or complex fraud in England, Wales and Northern Ireland was established in 1988.

Зав. кафедрой Полушина Л.Н.