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The Summary Criminal Proceedings (Abolition) (Scotland) Act 2007? A critical view of Part 3 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007

The Summary Criminal Proceedings (Abolition) (Scotland) Act 2007? A critical view of Part 3 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007

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Original languageEnglish
Pages215-240
Number of pages26
JournalJuridical Review: the Law Journal of the Scottish Universities
Journal publication date2008
Journal number3
StatePublished

Abstract

Considers whether the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 Pt 3, which introduces a number of "alternatives to prosecution" including fixed penalties, conditional offers and fiscal fines, represents an undermining of summary criminal procedure and the transfer of sanctioning power to offices with less accountability than the courts. Outlines Herbert Packer's theory of the two models of criminal process, crime control and due process, and assesses its application to this trend in the Scottish criminal justice system.

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