The law in Scotland covers two areas: common law and statutory law. Common law refers to crimes that have always been illegal, such as theft, murder and rape. Statutory law, on the other hand, has evolved through time in response to society's needs, statutory law has been inacted by Parliament and covers things such as road traffic offences, licensing offences etc.
Police have clear powers of arrest, detention and search dependent upon which piece of legislation applies to the circumstances. Where they need additional powers to investigate a crime they can apply to the Court (a Sheriff) for a warrant or, in urgent cases, to a Justice of the Peace.
When someone is arrested, the officer in charge of the police station that they are taken to decides whether to keep them in custody or to release them. Most people who are arrested for very minor crimes will be quickly released from custody; the police know who they are and where they live, and that they will not present a risk. Before they are released they will have their photograph and fingerprints taken and a DNA sample will also be taken. The police will then send a summary report about the crime to the Procurator Fiscal (PF).
For more serious crimes, when the police think it is important the case is quickly heard at Court, the person may be released on an undertaking. This means they will sign some papers undertaking (promising) to appear at Court when told to do so, usually within two or three weeks. These papers will also include the conditions that they must not commit any further crimes or interfere with witnesses. This is often called being bailed, but the proper term for it is liberation, or liberation on undertaking. Once the person has been released, the police will send an undertaking report to the PF.
If it's a serious crime and the police think the person may commit more crimes, or will be a risk to an individual or the wider public, the arrested person may be held in custody. When this happens, they will be brought before the Sheriff or District Court no later than the day after being arrested (except at weekends and on public holidays). In this instance, the police will prepare a custody report for the PF for the next day.
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Victims of crime
When you report a crime, the police will investigate it. If you are the victim of the crime, you will normally be asked to give the police a statement so that they can build up a picture of what happened.
When you report the crime to the police they will pass your details to Victim Support Scotland unless you say you do not want them to. Victim Support provides information, practical help and emotional support to victims and others who are affected by crime. If you have to attend Court as a witness the Witness Service, run by Victim Support, provides support and information to witnesses at Court on the day of your attendance. Support can include pre-trial familiarisation visits to the Courtroom, and information on facilities in the Court building and Court procedure.
If the Procurator Fiscal (PF) goes ahead with a prosecution, the first appearance of the accused in Court, unless there is a hearing, is known as the pleading diet or the first calling. This allows the accused to tell the Court whether they admit the charge and are pleading guilty, or whether they deny it and are pleading not guilty.
There are various support services for victims of crime and witnesses in local areas.
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