Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
In Scotland when a prisoner is indicted to appear before a jury court he
must be served seventeen days before his trial with a copy of the
indictment, containing the charge, a list of the productions against him,
and a list of the witnesses to be called for the prosecution. Seven days
thereafter he is brought before the Court to plead to the charge. If he
plead guilty he may be dealt with there and then. If he plead not guilty
his plea is recorded and he is sent back till the second diet of the
court. If he intend to set up a special defence, such as insanity or an
alibi, notice of such defence has to be given at the pleading diet; but
the witnesses he intends to call need not be notified to the Crown until
three days before the trial by jury. The prosecution cannot add any
productions or any witnesses to the list furnished in the indictment; but
if it is decided that additional witnesses are required the diet may be
deserted and a new indictment served. In no case, however, can a prisoner
be kept with a charge hanging over his head for more than one hundred and
seventeen days from the date of his committal. After that time he is
entitled to be liberated and no further proceedings on the charge can be
taken against him at any time.
The Crown usually makes careful enquiries in the public interest when any
special plea of insanity is brought forward; and if satisfied that the
plea is a valid one, has provided, at the public expense, expert testimony
to that effect on behalf of the prisoner. The greatest care has been taken
to ensure that prisoners brought before the higher Courts do not suffer
from lack of means, and there is never any disposition on the part of the
prosecutor to make it a point of honour that he should obtain a
conviction. There is no speech by the prosecutor in opening his case. So
far as the Court is concerned the jury start without any bias against the
prisoner, and as the evidence is led they gain their knowledge of the
case. In most cases the prosecutor does not address the jury at all. He
contents himself with leading evidence. The character of the prisoner is
not disclosed to the jury until after their verdict has been returned. If
during the trial any reference is initiated by the prosecution as to
previous convictions, the prisoner is entitled to an acquittal upon the
charge against him. The point the jury has to determine is whether the
person committed the crime charged, and they have to find their verdict
simply on the evidence led.
Public-domain text, read in full here on John Shaqi.
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