Alternatives to both criminal and civil court actions in Scotland - Essay Example

Look at the Asylum and the Immigration laws; both are applicable in the whole territory of England (Miller, Richard & Sarat 1980, p. 531). The Employment Tribunals in England have the same jurisdiction as the other courts. Such tribunals are functional within the territory of Northern Ireland. In addition, Military Courts are operating as independent courts in the United Kingdom to deal with the issues of military offences. In Scotland, the Supreme Court is restricted to hear civil cases, appeals of Scottish cases and to determine the violation of human rights (Newburn 2007, p. 159). Courts and the Legal System of Scotland In every democratic state, modern legal framework reflects the confidence of its citizens, which protects them from unfair treatment of State, business entities and people in all fields of life (Miller, Richard & Sarat 1980, p. 534). The legal system of Scotland is based upon its strong traditional values and fairness.

With the passage of time, the norms of society have changed radically over the last two decades. Therefore, it is the need of the hour to introduce modern legal institutions, which have the capability and the capacity to deliver in line with the requirement of modern legal framework of justice besides retaining its traditional values (Galanter & Cahill 1994, p. 1339). . Initially, the procurator conducts preliminary investigations about the issues highlighted in criminal cases and obtains written statements of the witnesses as important ingredients for the prosecution.

The procurator may seek assistance of the police to complete investigation where need arises. However, in murder cases, the police officers complete the investigation without involving procurator (Galanter 1985, p. 16). According to High Court procedure, once a person is found guilty of an offence and remanded in custody, he becomes the responsibility of the Crown to bring the case of accused for a preliminary hearing within the specified time. Under the mentioned set up, defendant and petitioner have no right to take a decision on whether to try him by jury or on the summary of procurator.

The Criminal Justice Act 1987 delegated power to procurator to offer determinable penalties instead of prosecution. Initially, the maximum amount of penalty was GBP 25, which later on increased to GBP 300 in phases (Bottomley & Bronitt 2012, p. 183). The curator can issue warning, impose penalties, award compensation to the aggrieved party, provide counselling to psychological patients and give them treatment according to the advice of psychiatrist. A fiscal procurator is a part of Court of Lord Lyon.

The court in question hears the cases of criminal and civil law. The cited Court is unique in terms of Scottish culture. The court under reference plays a pivotal role regarding to the clan system. If any of the rules related to coat of arms are not adhered, the procurator as an independent official of the court may decide to initiate criminal proceedings against the defaulter (Galanter & Cahill 1994, p. 1345). Judicial