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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    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.
    Original languageEnglish
    Pages (from-to)215-240
    Number of pages26
    JournalJuridical Review: the Law Journal of the Scottish Universities
    Issue number3
    Publication statusPublished - 2008

    Keywords

    • Criminal procedure
    • Conditional offers
    • Criminal proceedings
    • Fines
    • Fixed penalty offences
    • Scotland

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