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This 2nd Edition of the successful title Evidence: Principles, Policy and Practice, continues the practice adopted by the first of providing a clear and concise analysis of the Scottish law of evidence for students and practitioners alike. The author has adopted a new approach to the treatment of this legal area; greater context is provided for the way in which the law of evidence is developing both within the courts and Scottish policy-making and legislating. Both the policy and legal context of recent reforms are included and Professor Raitt also identifies emerging trends. Offering an organised and clear discussion of all the major areas, this title also provides an ongoing and separate treatment of the law of evidence as it relates to criminal and civil proceedings. Key decisions from the Scottish courts, UK Supreme Court, and the European Court of Human Rights are considered, highlighting changes to evidence law in areas such as vulnerable witnesses, expert scientific evidence, privilege, police interviews, confessions, hearsay, corroboration and character evidence. This is an entirely up-todate text with the following new legislation considered: • Criminal Justice and Licensing (Scotland) Act 2010 • Double Jeopardy (Scotland) Act 2011 As well as two significant Bills introduced to the Scottish Parliament in 2013:

CONTENTS: The Adversarial Process The Conceptual Framework of Evidence Witnesses: Competence, Compellability and Vulnerability Expert Witnesses & Opinion Evidence Burdens and Standards of Proof in Criminal Proceedings Burdens and Standards of Proof in Civil Proceedings Presumptions Proof and Sufficiency of Evidence Confession Evidence Evidence obtained Unlawfully or Improperly

• Victims and Witnesses (Scotland) Bill • Criminal Justice (Scotland) Bill


In addition to case law, the author draws upon academic and practitioner literature in support of her discussion and analysis and includes a substantial bibliography. The end result is a book suitable for use by students in need of a concise grounding in evidence and practitioners looking to anticipate the impact of reforms on their everyday practice.


Fiona Raitt is a Solicitor and Professor of Law at the University of Dundee, and Director of the Diploma in Professional Legal Practice.

The Criminal Trial

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Character Evidence Judicial Notice Judicial Admissions and Res Judicata The Civil Proof





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evidence: principles, policy & practice