Rank: Forum user
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Good morning.
Does anyone have a nice graphic or table explaining the main differences between English and Scottish law please? I don’t have a specific issue I’m just looking at the basics for now.
Many thanks in advance and apologies to anyone to who thought this would be an interesting thread about Armando Iannucci.
Ta.
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Rank: Forum user
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FVH
I do not have a Table / Graph highlighting the many different Laws they are between North & South of the Border but a Defendant can be given a "Not Proven " verdict in Scotland as well as a " Not Guilty " if my memory serves me correct. Interesting if you look at it when a case of negligence comes before the "Sherriff". In regards to your question heading " Except for viewers in Scotland" - I remember that well, it was extremely annoying.
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Rank: Super forum user
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Any particular area of Law?
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Rank: Super forum user
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I'm not sure of the question here. Are you looking for the difference in the legislation, for example Fire Safety (Scotland) Act 2005 v RRFSO 2005.
Or the legal system. Scott's law itself is very different from the English/Wales counterpart. In Scotland the HSE do-not have the power to prosecute like the HSE over the border. Scotland has one supreme court (High Court of Justiciary)over the Sheriffs court. In Scotland there are 15 jurors - where a simple majority is all is required for a verdict. Although there is a verdict of 'nor proven' available in is rare to have this verdict for H&S cases. In Scotland there requires collaborated evidence for example an admission of guilt by the accused is insufficient evidence to convict in Scotland. In Scotland the jurors are picked before the charges are read. In Scotland there are no Coroner's, we have Fatal Accident Inquiries conducted by the Sherriff. Recently Scotland ended the double jeopardy law - so you can be brought before the courts a second time for th esame charge after being acquitted. Previous conviction are not allowed as evidence in a Scottish trial.
And this is just the Criminal Law - Civil Law is even more interesting, for example a civil wrong (negligence) is a 'delict' in Scotland.
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Rank: Super forum user
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This may be seen by other as heresy but, in my experience (33 years living here and advising a range of clients) the differences are much more matters of terminology than real differences from the perspective of an OSH professional advising an organisation, or a member of the public.
Of course it's different if you are actually dealing with detailed legal issues on a daily basis - but most of our advice should link to prevention rather than what happens if there's a real chance of prosecution. And that's when the organisation would probably want a lawyer involved anyway, so you can work together rather than needing to know all the subtleties yourself!
Also, in today's world some of the people involved may well be from another legal jurisdiction than UK, so worrying about detailed differences between English and Scots law may not be the only area to consider.
So my advice would be to concentrate on making sure people in your organisation understand the legal powers of the relevant regulator, the roles and legal powers of the emergency services and then cover issues of evidence, court cases and legal terminology only if/when there is a real issue.
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