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scotkaz
Joined: 28 Aug 2008
Posts: 527
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 Posted: Thu Sep 25, 2008 8:06 am Post subject: Scottish Criminal Trials Questions |
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Can someone give me a run down as to what happens in a Scottish criminal trial?
What I need to know is this.
Does every defendant get a copy of their trial transcripts? Or do they have to pay for them? Does the legal team get a copy at least?
Once convicted and you want to appeal..........what are the options?
Do they get one appeal and thats it? Unless the SCCRC take the case?
I know there is a 75 year archive on cases being made public. Which seems so odd to me.
I am trying to work out how it all works in Scotland for something I am writing.
Thanks in advance.
Karen
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Great Spirit, grant that I may not criticize my neighbor until I have walked a mile in his moccasins." - Old Native American Indian Prayer that my dad taught me. |
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Big Wullie
Joined: 25 Apr 2007
Posts: 1149
Location: Glasgow
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| Posted: Thu Sep 25, 2008 12:37 pm Post subject: |
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Hi Scotkaz
Things might be different now but before Lawyers were told not to hand Statements to defendants.
As for transcripts:
They are not handed out freely but as far as I know you can purchase them yourself but they cost an arm and a leg.
when I asked for them in 1982 they wanted something like £250 per day of evidence, bearing in mind I was in prison with no income this was absolutely shocking.
Now I am being told they have been destroyed after ten years in line with Crowns retention policy.
Yet there exists letters I wrote to High Court regarding my case from 1982 in the National Archives.
So in effect they have kept hand written letters from me but destroyed the most important document of all, The Transcript.
So no you do not get access to Crown Statements, Crown Precognitions not even the defence statements they actually belong to the Solicitor you will be told because legal aid paid for them.
No you do not get transcripts of your trial free.
Only in special circumstances will any solicitor give you the statements like:
If you sack the Lawyer he is duty bound to give you the documents to allow you to defend yourself
So basically if you want to see the statements "Sack The Lawyer" |
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Big Wullie
Joined: 25 Apr 2007
Posts: 1149
Location: Glasgow
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| Posted: Thu Sep 25, 2008 1:09 pm Post subject: |
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Delivered to me from Crown Office
Hope this helps Scotkaz |
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scotkaz
Joined: 28 Aug 2008
Posts: 527
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| Posted: Thu Sep 25, 2008 3:04 pm Post subject: |
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| Big Wullie wrote: | Delivered to me from Crown Office
Hope this helps Scotkaz |
Thanks for this info Wullie.
So basically what you are telling me, and what this document says is that you have no rights to see what is being said about you and you have no right to see what others are claiming against you IF your lawyer deems this to be so?
Surely this cannot be right? What about the FOI act? Does that not cover all of this information?
I am absolutley appalled at this.
_________________
Great Spirit, grant that I may not criticize my neighbor until I have walked a mile in his moccasins." - Old Native American Indian Prayer that my dad taught me. |
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Big Wullie
Joined: 25 Apr 2007
Posts: 1149
Location: Glasgow
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| Posted: Fri Sep 26, 2008 11:40 am Post subject: |
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Scotkaz
The FOI does not cover Crown Office, They are exempt from FOI so if they do not want to release documents to you then you will not see them.
We need only look to the Lockerbie trial for proof of this.
Not only did they bar him from a hearing, They also barred his whole defence team.
Sorry I missed this other question you asked above:
| Quote: | | Do they get one appeal and thats it? Unless the SCCRC take the case? |
Since the Inception of SCCRC people convicted have two chances of appealing.
Before SCCRC once you had an appeal you were told that decision was final, I was told this myself by High Court.
I was even told that even though my hearing was only for leave to appeal because I addressed the court that was my only chance, See:
Tom Higgins was of the opinion that one appeal was final, even if you were refuse leave to appeal.
He never informed me that this appeal for leave I had in 1982 was appealable.
Basically any appeal or judgement pronounced in the appeal courts is "Appealable" to more Judges.
Usually an application for leave to appeal is refused by one Judge then you can appeal to three Judges, then if not satisfied one can appeal to the Privy Council, then as a last resort go to SCCRC.
An appeal can even be mounted to ECHR but must be done within 6 months of final determination.
ECHR do not recognise SCCRC as a final appeal.
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