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 language | English |
|---|---|
| Pages (from-to) | 215-240 |
| Number of pages | 26 |
| Journal | Juridical Review |
| Issue number | 3 |
| Publication status | Published - 2008 |
Keywords
- Criminal procedure
- Conditional offers
- Criminal proceedings
- Fines
- Fixed penalty offences
- Scotland
