Justice

 

SB 17-15 Contract (Third Party Rights) (Scotland) Bill

8 March 2017
The Contract (Third Party Rights) (Scotland) Bill (the Bill) proposes changing the law in Scotland which allows the parties to a contract to create rights for third parties. The aim is to make the law clearer and more u

SB 17-13 Railway Policing (Scotland) Bill

01 March 2017
This briefing considers the background to and the main provisions within the Railway Policing (Scotland) Bill.

SB 17-11 The Scottish Criminal Justice System: The Prison Service

21 February 2017
This briefing is one of six covering various aspects of the Scottish criminal justice system. It provides a brief description of the operation of prisons (including young offender institutions) in Scotland.

SB 17-04 Limitation (Childhood Abuse) (Scotland) Bill

19 January 2017
This briefing summarises the current law and explains why the Scottish Government wants to change it. It also explores some of the policy issues arising as a result of the proposed change.

SB 17-01 Human Rights in Scotland

31 January 2017
This briefing provides an introduction to human rights law in Scotland.

SB 16-98 Civil Justice - Civil Courts and Tribunals

07 December 2016
This briefing describes the structure of civil courts and tribunals in Scotland.

SB 16-99 Civil Justice- Going to Court

07 December 2016
The civil justice system exists to give people and organisations a way to protect and enforce their legal rights. It deals with issues such as accident claims, divorce and contractual disputes.

SB 16-83 Brexit: Impact on the Justice System in Scotland

27 October 2016
This briefing outlines developments in the EU’s civil and criminal justice policies.

SB 16-82 Brexit: the impact on equalities and human rights

26 October 2016
This briefing considers the impact Brexit will have on equalities and human rights. The focus is on legislation which has a basis in EU law, the protections currently offered, and what this could mean in the future.

SB 16-62 Judicial Review

8 July 2016
This briefing provides an introduction to this area of law in Scotland. It covers topics including who can bring an action for judicial review, and what the grounds of judicial review are.

SB 16-61 The Scottish Criminal Justice System: Legal & Administrative Arrangements

04 July 2016
This briefing is one of six covering various aspects of the Scottish criminal justice system. It looks at the basis of Scots criminal law, including consideration of devolved and reserved issues.

SB 16-59 Employment: Frequently Asked Questions

27 June 2016
This briefing looks at some common employment problems experienced by constituents, including national minimum wage, contracts of employment, unfair dismissal and redundancy.

SB 16-54 Children and the Scottish Criminal Justice System

14 June 2016
This briefing is one of six covering various aspects of the Scottish criminal justice system. It outlines the way in which children (including all young people under the age of 18) who commit offences are dealt with.

SB 16-47 The Scottish Criminal Justice System: The Public Prosecution System

2 June 2016
This briefing is one of six covering various aspects of the Scottish criminal justice system. It provides a brief description of the system of public prosecution in Scotland.

SB 16-46 The Scottish Criminal Justice System: The Criminal Courts

01 June 2016
This briefing is one of six covering various aspects of the Scottish criminal justice system. It provides a brief description of the operation of the criminal courts in Scotland.

SB 16-31 Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 3

16 March 2016
Stage 3 proceedings on the Abusive Behaviour and Sexual Harm (Scotland) Bill are scheduled to take place on 22 March 2016.

SB 16-29 Bankruptcy (Scotland) Bill- Stage 3

16 March 2016
This briefing looks at Stage 1 and Stage 2 consideration of the Bankruptcy (Scotland) Bill. The Bill is a consolidation bill. It therefore makes no changes to the substantive law in this area.

SB 16-14 Community Justice (Scotland) Bill: Stage 3

9 February 2016
This briefing considers a number of key issues highlighted by the Justice Committee in its stage 1 report, the Scottish Government’s response to those issues and relevant stage 2 amendments.

SB 16-10 Succession (Scotland) Bill Stage 3

27 January 2016
The Succession (Scotland) Bill is a Scottish Government bill which was introduced in the Scottish Parliament in June 2015.

SB 16-04 Apologies (Scotland) Bill: Stage 3

18 January 2016
This briefing looks at Stage 1 and Stage 2 consideration of the Apologies (Scotland) Bill which was introduced in the Scottish Parliament on 3 March 2015 by Margaret Mitchell MSP.

SB 15-78 Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill- Stage 3

07 December 2015
This briefing looks at consideration of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill at Stages 1 and 2. The Bill would reform the law governing the holding of Fatal Accident Inquiries

SB 15-76 Criminal Justice (Scotland) Bill: Stage 3

2 December 2015
The Justice Committee returned to its scrutiny of the Bill with consideration of stage 2 amendments in September and October 2015. Stage 3 proceedings on the Bill are scheduled to take place on 8 December 2015.

SB 15-74 Abusive Behaviour and Sexual Harm (Scotland) Bill

12 November 2015
The Abusive Behaviour and Sexual Harm (Scotland) Bill was introduced in the Parliament on 8 October 2015. This briefing considers the background to and the main provisions within the Bill.

SB 15-69 Bankruptcy (Scotland) Bill

4 November 2015
This briefing looks at the Bankruptcy (Scotland) Bill. The Bill is a Consolidation Bill and therefore makes no changes to the substantive law on the subject.

SB 15-62 National Galleries of Scotland Bill

1 October 2015
The National Galleries of Scotland Bill is a Private Bill aimed at removing certain legal obstacles to the plan to extend the Scottish National Gallery in Edinburgh into a small area of land which currently forms part

SB 15-61 Alcohol (Licensing, Public Health and Criminal Justice) (Scotland) Bill

29 September 2015
Dr Richard Simpson MSP’s Member’s Bill – the Alcohol (Licensing, Public Health and Criminal Justice) (Scotland) Bill – was introduced in the Scottish Parliament on 1 April 2015. It takes forward ten main proposals.

SB 15-48 Succession (Scotland) Bill

26 August 2015
This briefing considers the Succession (Scotland) Bill introduced in the Scottish Parliament in June 2015.

SB 15-46 Community Justice (Scotland) Bill

26 August 2015
The Scottish Government introduced the Community Justice (Scotland) Bill in the Parliament on 7 May 2015. It seeks to establish new arrangements for the delivery and oversight of community justice services.

SB 15-45 Inheritance law in Scotland

25 August 2015
This briefing provides an introduction to inheritance law in Scotland, also known as succession law or the law of succession. This area of law says what happens to someone’s property and possessions when he or she dies

SB 15-43 Fatal Accident Inquiries

19 August 2015
This briefing looks at the two bills before the Scottish Parliament which deal with inquiries into deaths.

SB 15-41 Anti-money laundering measures and ‘Politically Exposed Persons’ (PEPs)

30 July 2015
This briefing aims to provide Members with an overview of the concept of a “Politically Exposed Person” (PEP).

SB 15-36 Air Weapons and Licensing (Scotland) Bill: Stage 3

18 June 2015
This briefing looks at Stage 1 and Stage 2 consideration of the Air Weapons and Licensing (Scotland) Bill.

SB 15-33 Prisoners (Control of Release) (Scotland) Bill: Stage 3

17 June 2015
Stage 3 proceedings on the Prisoners (Control of Release) (Scotland) Bill are scheduled to take place on 23 June 2015.

SB 15-29 Apologies (Scotland) Bill

04 June 2015
The Bill is intended to stop apologies being used as evidence of liability in most civil legal proceedings in Scotland

SB 15-27 Criminal Justice (Scotland) Bill Update

20 May 2015
This briefing provides an update on the Criminal Justice (Scotland) Bill.

SB15-25 Contact between grandparents and their grandchildren

13 May 2015
This briefing aims to support MSPs with their constituency casework relating to contact between grandparents and their grandchildren.

SB 15-23 Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill

29 April 2015
The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill proposes to reform the legislation governing Fatal Accident Inquiries (FAIs).

SB 15-17 Parenting when parents live apart

31 March 2015
The purpose of this briefing is to support MSPs in their constituency casework relating to legal issues associated with parenting when parents live apart

SB 15-12 Human Trafficking and Exploitation (Scotland) Bill

26 February 2015
This briefing provides information on human trafficking; the current legislative background in Scotland; and also examines key provisions within the Bill.

SB 14-84 Air Weapons and Licensing (Scotland) Bill: Air Weapons

13 November 2014
This briefing looks at the proposals for a licensing scheme for air weapons in Scotland, examining the main provisions of that part of the Bill and highlighting a number of key issues raised by stakeholders.

SB 14-81 Air Weapons and Licensing (Scotland) Bill: Local Government Licensing

12 November 2014
This briefing deals with the local government licensing aspects of the Air Weapons and Licensing (Scotland) Bill. A separate SPICe briefing looks at the licensing of air weapons.

SB 14-80 The European Convention on Human Rights in the United Kingdom

7 November 2014
This briefing provides information on the European Convention on Human Rights and the role of the European Court of Human Rights in enforcing the Convention

SB 14-75 Draft Budget 2015-16: Justice

30 October 2014
This briefing provides information about spending on the Justice and Crown Office & Procurator Fiscal Service portfolios, along with the government grant to local authorities to pay for criminal justice social work

SB 14-64 Legal Writings (Counterparts and Delivery) (Scotland) Bill

25 September 2014
The Legal Writings (Counterparts and Delivery) (Scotland) Bill (the Bill) proposes changes to Scots law to allow legal documents to be signed in counterpart and paper documents to be delivered electronically

SB 14-63 Courts Reform Bill: Stage 3

25 September 2014
This briefing looks at Stage 1 and Stage 2 consideration of the Courts Reform (Scotland) Bill. The Bill was introduced in the Scottish Parliament on 6 February 2014.

SB 14-60 Prisoners (Control of Release) (Scotland) Bill

25 September 2014
The Scottish Government introduced the Prisoners (Control of Release) (Scotland) Bill in the Parliament on 14 August 2014. It seeks to end automatic early release for some prisoners.

SB 14-47 Criminal Verdicts (Scotland) Bill

25 June 2014
This briefing considers the proposals in the bill along with work which the Scottish Government has carried out in this area.

SB 14-45 Housing (Scotland) Bill - Parliamentary Consideration Prior to Stage 3

18 June 2014
Stage 3 proceedings on the Housing (Scotland) Bill are due to take place on 25 June 2014. This briefing summarises the main issues raised during Stage 1 proceedings.

SB 14-39 Early Release of Prisoners

3 June 2014
This briefing considers the Scottish Government’s proposals for reform in this area, as outlined in a letter to the Justice Committee in September 2013, together with evidence which the Justice Committee has received.

SB 14-23 Courts Reform (Scotland) Bill

13 March 2014
The Courts Reform (Scotland) Bill proposes a number of reforms to court structure, organisation and procedure, as recommended by Lord Gill’s Scottish Civil Courts Review (also known as the Gill Review).

SB 14-22 Tribunals (Scotland) Bill: Stage 3

7 March 2014
This briefing looks at Stage 1 and Stage 2 consideration of the Tribunals (Scotland) Bill, which was introduced in the Scottish Parliament on 8 May 2013.

SB 14-20 Bankruptcy and Debt Advice (Scotland) Bill: Stage 3

26 February 2014
THis briefing looks at Satge 1 and Stage 2 consideration of the Bankruptcy and Debt Advice (Scotland) Bill, which was introduced in the Scottish Parliament on 11 June 2013.

SB 14-15 The Scottish Civil Court System

13 February 2014
This Briefing provides an overview of the civil court system in Scotland, including a description of the main civil courts and the hierarchy associated with them.

SB 13-81 Victims and Witnesses (Scotland) Bill: Stage 3

9 December 2013
This briefing considers a number of the key issues raised during the Justice Committee’s stage 1 consideration of the bill and subsequent recommendations made by the Justice Committee in its stage 1 report.

SB 13-71 Police Funding

25 October 2013
This briefing provides an overview of funding arrangements for the police in Scotland before and after reform in April 2013 and progress in the budgetary process for the financial year 2013-14

SB 13-69 Draft Budget 2014-15: Justice

24 October 2013
This briefing provides information about spending on the Justice and Crown Office & Procurator Fiscal Service portfolios, along with the central government grant to local authorities to pay for criminal justice social

SB 13-60 Bankruptcy and Debt Advice (Scotland) Bill

19 September 2013
The Bankruptcy and Debt Advice (Scotland) Bill is a Scottish Government Bill. It proposes to make a number of changes the personal bankruptcy regime in Scotland.

SB 13-55 Criminal Justice (Scotland) Bill

6 September 2013
The Scottish Government introduced the Criminal Justice (Scotland) Bill in the Parliament on 20 June 2013. This briefing considers the main provisions of the Bill.

SB 13-49 Tribunals (Scotland) Bill

29 August 2013
This briefing outlines the background to the current regime and explains the main changes proposed by the Bill.

SB 13-42 The Scottish Criminal Justice System: The Police

26 June 2013
This briefing is one of six covering various aspects of the Scottish criminal justice system. It outlines the organisation, administration and funding of policing in Scotland.

SB 13-21 Victims and Witnesses (Scotland) Bill

10 April 2013
The Victims and Witnesses (Scotland) Bill was introduced in the Scottish Parliament on 6 February 2013 by the Cabinet Secretary for Justice. This briefing provides information on the Bill and the key proposals.

SB 13-16 High Hedges (Scotland) Bill: Stage 3

26 March 2013
Consideration of key issues raised and recommendations by Committee at stage 1 and the Scottish Government’s response.

SB 13-04 Scottish Civil Justice Council and Criminal Legal Assistance Bill: Stage 3

24 January 2013
This briefing looks at Stages 1 and 2 consideration of the Scottish Civil Justice Council and Criminal Legal Assistance Bill, which was introduced in the Scottish Parliament on 2 May 2012.

SB 12-67 High Hedges (Scotland) Bill

1 November 2012
This briefing includes information on: the current law in relation to high hedges; previous developments in relation to high hedges; the consultation process; the main provisions in the Bill.

SB 12-63 Draft Budget 2013-14: Justice

27 September 2012
This briefing has been prepared to assist the Justice Committee in its scrutiny of the Scottish Government’s draft budget for 2013-14.

SB 12-54 Freedom of Information (Amendment) (Scotland) Bill

30 August 2012
The Scottish Government introduced the Freedom of Information (Amendment) (Scotland) Bill on 30 May 2012 to remedy weaknesses which it has identified in the Freedom of Information (Scotland) Act 2002.

SB 12-50 Role of the Media in Criminal Trials

02 August 2012
This briefing examines a number of relevant issues including contempt of court, the use of live text-based communications from courts and the televising of court proceedings.

SB 12-45 Long Leases (Scotland) Bill-Stage 3

25 June 2012
Stage 3 proceedings on the Bill are scheduled for 28 June 2012. This briefing summarises the key proposals in the Bill and considers some of the issues raised during Stage 1 and 2 of the Bill.

SB 12-44 Police and Fire Reform - Stage 3

21 June 2012
This briefing considers the parliamentary scrutiny of the Police and Fire Reform (Scotland) Bill prior to Stage 3 proceedings which are scheduled for 27 June 2012.

SB 12-41 Criminal Cases (Punishment and Review) (Scotland) Bill: Stage 3

13 June 2012
Stage 3 proceedings on the Criminal Cases (Punishment and Review) (Scotland) Bill are scheduled to take place on 20 June 2012.

SB 12-36 Scottish Civil Justice Council and Criminal Legal Assistance Bill

7 June 2012
This bill seeks to establish a Scottish Civil Justice Council with responsibility for formulating policy, and drafting court procedure rules, in relation to civil justice matters.

SB 12-35 Land Registration etc. (Scotland) Bill: Stage 3

29 May 2012
The Land Register was created under the Land Registration (Scotland) Act 1979 (c 33) and since 2003 has been operational across the whole of Scotland.

SB 12-30 The Scottish Criminal Justice System: The Prison Service

30 April 2012
This briefing is one of six covering various aspects of the Scottish criminal justice system. It provides a brief description of the operation of the prison service in Scotland.

SB 12-25 The Scottish Criminal Justice System: The Public Prosecution System

29 March 2012
This briefing is one of six covering various aspects of the Scottish criminal justice system. It provides a brief description of the system of public prosecution in Scotland.

SB 12-14 Police and Fire Reform (Scotland) Bill

20 February 2012
This briefing considers the proposals brought forward in the Police and Fire Reform (Scotland) Bill. It also provides background to the proposed reforms including discussion of the preceding consultations, consultati

SB 12-15 Police and Fire Reform (Scotland) Bill: Financial Memorandum

20 February 2012
This paper summarises some of the main financial issues Parliament may wish to consider during scrutiny of the Police and Fire Reform (Scotland) Bill.

SB 12-11 Long Leases (Scotland) Bill

2 February 2012
This briefing discusses the Long Leases (Scotland) Bill which was introduced in Scottish Parliament on 12 January 2012.

SB 12-09 Criminal Cases (Punishment and Review) (Scotland) Bill – Scottish Criminal Cases Review Commission

27 January 2012
This briefing considers the provisions in Part 2 of the Criminal Cases (Punishment and Review) (Scotland) Bill

SB 12-08 Criminal Cases (Punishment and Review) (Scotland) Bill: Custodial Sentences

25 January 2012
The Scottish Government introduced the Criminal Cases (Punishment and Review) (Scotland) Bill in the Parliament on 30 November 2011.

SB 12-01 Alcohol (Minimum Pricing) (Scotland) Bill

5 January 2012
This briefing outlines the rationale behind minimum pricing, the results from the Health and Sport Committee‟s call for evidence and the key issues raised in relation to the policy.

SB 11-88 Land Registration etc (Scotland) Bill

22 December 2011
This briefing discusses the key policy proposals contained in the Land Registration ect (Scotland) Bill and the reactions of stakeholders to these proposals.

SB 11-85 Offensive Behaviour at Football and Threatening Communications (Scotland) Bill: Stage 3

12 December 2011
This briefing considers some of the key recommendations made by the Parliament’s Justice Committee following consideration of the Bill as introduced, the Scottish Government’s response and key amendments at stage 2

SB 11-83 Fireworks

29 November 2011
This briefing outlines the current legislative framework in relation to fireworks.

SB 11-78 Draft Budget 2012-13: Justice

21 October 2011
This briefing has been prepared to assist the Justice Committee in its consideration of the proposals for spending on justice issues.

SB 11-62 The Scottish Criminal Justice System: The Police

24 August 2011
This briefing outlines the organisation, administration and funding of the police service in Scotland.

SB 11-59 The Scottish Criminal Justice System: The Criminal Courts

24 August 2011
This briefing provides a brief description of the operation of the criminal courts in Scotland.

SB 11-58 Legal Aid

24 August 2011
This briefing looks at the wider policy landscape in which legal aid operates.

SB 11-54 The Scottish Criminal Justice System: Legal and Administrative Arrangements briefing

19 July 2011
This briefing is one of six covering various aspects of the Scottish criminal justice system. It looks at the basis of Scots criminal law, including consideration of devolved and reserved issues.

SB 11-53 Children in the Scottish Criminal Justice System briefing

14 July 2011
This briefing is one of six covering various aspects of the Scottish criminal justice system. It outlines the way in which children who commit offences are dealt with, focussing on those under the age of 16.

SB 11-48 Offensive Behaviour at Football and Threatening Communications (Scotland) Bill briefing

20 June 2011
The Offensive Behaviour at Football and Threatening Communications (Scotland) Bill was introduced in the Scottish Parliament on 16 June 2011.

SB 11-26 Double Jeopardy (Scotland) Bill: Stage 3 briefing

This briefing highlights key issues raised during parliamentary scrutiny of the Bill, since its introduction on 7 October 2010 to the completion of stage 2 scrutiny by the Justice Committee on 1 March 2011.

SB 11-23 Knife Crime briefing

Provides information on criminal offences and other legal provisions relating to knives; initiatives seeking to tackle problems associated with knife crime; statistics on knife crime and the response of the criminal justice system; some recent research.

SB 11-20 Criminal Procedure: Responses to Cadder v HM Advocate briefing

The briefing sets out the responses to a decision by the UK Supreme Court in the case of Cadder v HM Advocate. The decision in that case had a number of implications for criminal procedure in Scotland.

SB 11-19 Commissioner for Victims and Witnesses (Scotland) Bill briefing

The Commissioner for Victims and Witnesses (Scotland) Bill seeks to establish a commissioner whose general function would be to promote and safeguard the interests of victims and witnesses in Scotland.

SB 11-18 Damages (Scotland) Bill: Stage 3 briefing

The Damages (Scotland) Bill is a Member's Bill which was introduced by Bill Butler MSP. Its purpose is to implement the recommendations of the Scottish Law Commission in its report entitled Damages for Wrongful Death (Scottish Law Commission 2008).

SB 11-17 Domestic Abuse (Scotland) Bill: Stage 3 briefing

The Domestic Abuse (Scotland) Bill is a Member’s Bill introduced by Rhoda Grant MSP which aims to increase access to justice for victims of domestic abuse and to enable police and prosecutors to provide a more robust response to breached civil protections

SB 11-01 Long Leases (Scotland) Bill briefing

The Bill was introduced in the Scottish Parliament on 10 November 2010. This briefing provides an introduction to the relevant law, an overview of the Bill’s proposals and a discussion of some of the key policy issues associated with the Bill.

Draft Budget 2011-12: Justice briefing

The briefing has been prepared to assist the Justice Committee in its consideration of the Scottish Government's draft budget for 2011-12.

Double Jeopardy (Scotland) Bill briefing

The current common law rule against double jeopardy generally prevents someone from being tried twice for the same crime. The Bill seeks to reform that rule and restate it in statute.

Legal Services (Scotland) Bill: Stage 3 briefing

This briefing considers some key recommendations made by the Justice Committee in its Stage 1 Report, the Scottish Government’s response to those recommendations and other issues raised during Stage 1 proceedings

Criminal Sentencing (Equity Fines) (Scotland) Bill briefing

This Members' Bill seeks to add to the range of sentences which a court can impose where a public limited company is convicted of a criminal offence.

Domestic Abuse (Scotland) Bill briefing

The Domestic Abuse (Scotland) Bill is a Members’ Bill introduced by Rhoda Grant MSP on 27 May 2010. This briefing provides some background information on domestic abuse in Scotland.

End of Life Assistance (Scotland) Bill briefing

The End of Life Assistance (Scotland) Bill (the Bill) was introduced in the Scottish Parliament on 20 January 2010, by Margo MacDonald MSP.

Damages (Scotland) Bill briefing

This Members’ Bill seeks to implement the recommendations of the Scottish Law Commission’s report on Damages for Wrongful Death (2008)

Protection of Workers (Scotland) Bill briefing

This Members' Bill seeks to create a specific statutory offence relating to assaults on people whose work brings them into face-to-face contact with members of the public

Criminal Justice and Licensing (Scotland) Bill: Stage 3 briefing

Stage 3 proceedings on the Criminal Justice and Licensing (Scotland) Bill are expected to take place towards the end of this month. This briefing considers some key recommendations made by the Justice Committee in its Stage 1 Report

Pleural Plaques Legislation – Judicial Review Update briefing

The Damages (Asbestos-related Conditions) (Scotland) Act 2009 came into force on 17 June 2009. Since being passed by Parliament, the legality of the 2009 Act has been challenged by way of judicial review.

Summary Criminal Justice Reform briefing

The past few years have seen the introduction of significant reforms aimed at improving the effectiveness and efficiency of Scotland’s summary criminal justice system.

Arbitration (Scotland) Bill: Stage 3 briefing

Stage 3 proceedings for the Arbitration (Scotland) Bill are scheduled to take place on 18 November 2009. This briefing summarises the main recommendations made by the Economy, Enterprise and Tourism Committee in its stage 1 Report.

Legal Services (Scotland) Bill briefing

The Legal Services (Scotland) Bill is intended to enable the establishment of new business structures within the legal services industry in Scotland.

Judicial Review briefing

This briefing provides and introduction to judicial review. Judicial review is a type of court action which allows parties to challenge the exercise of power by UK and Scottish Ministers, UK and Scottish government departments and agencies.

Home Owner and Debtor Protection (Scotland) Bill - Stage 3 briefing

Stage 3 proceedings in relation to the Home Owner and Debtor Protection (Scotland) Bill are due to take place on 11 February 2010. This briefing summarises the Local Government and Communities Committee’s stage 1 report

Home Owner and Debtor Protection (Scotland) Bill briefing

The Home Owner and Debtor Protection (Scotland) Bill was introduced to the Parliament on 1 October 2009 by the Cabinet Secretary for Health and Wellbeing. The Bill contains measures to protect people struggling to deal with debt.

Draft Budget 2010-11: Justice briefing

This paper has been prepared to assist the Justice Committee in looking at the Scottish Government’s draft budget for 2010/11.

Supreme Court briefing

This briefing considers the new UK Supreme Court and its functions from a Scottish perspective. The briefing also considers the membership, jurisdiction and procedure of the new Supreme Court.

Impact of Tribunal Reform in Scotland briefing

This briefing looks at how changes to the system for supporting tribunals in England and Wales (and tribunals in Scotland dealing with reserved matters) are impacting on the justice system in Scotland.

Scottish Civil Court System briefing

This Subject Map provides an overview of the civil court system in Scotland.

Frequently Asked Questions: Family Law briefing

This briefing is intended to assist MSPs in dealing with family law issues that frequently arise in the context of their constituency caseload. It provides a general introduction to the law.

Debt briefing

This briefing is intended to provide an introduction to the topic of personal debt.

Convention Rights Proceedings (Amendment) (Scotland) Bill briefing

The Convention Rights Proceedings (Amendment) (Scotland) Bill provides that certain legal proceedings brought under the Scotland Act 1998 must be commenced before the end of a prescribed one year limitation period

Criminal Justice and Licensing (Scotland) Bill : Disclosure of Evidence briefing

The Criminal Justice and Licensing (Scotland) Bill includes provisions to establish a statutory framework for the disclosure of evidence in criminal cases. The framework provides for disclosure by the prosecution to the accused.

Criminal Justice and Licensing (Scotland) Bill : Scottish Sentencing Council briefing

The Criminal Justice and Licensing (Scotland) Bill includes provisions to create a Scottish Sentencing Council to provide a new sentencing regime for Scotland.

Criminal Justice and Licensing (Scotland) Bill: Community Penalties in Scotland briefing

The Criminal Justice and Licensing (Scotland) Bill includes provisions to introduce a new Community Payback Order which would replace a number of community penalties which are currently available in Scotland.

Criminal Justice and Licensing (Scotland) Bill : Short Custodial Sentences briefing

The Criminal Justice and Licensing (Scotland) Bill includes provisions which seek to discourage the use of short custodial sentences in cases where other appropriate sentencing options are available.

Criminal Justice and Licensing (Scotland) Bill : Fingerprint and DNA Data briefing

The Criminal Justice and Licensing (Scotland) Bill includes provision to extend police powers in relation to the retention of certain types of forensic information – including fingerprint and DNA data.

Personal Debt, Bankruptcy and Homes briefing

Since 2007 Scotland, in common with much of the rest of the world, has been in the grip of a ‘credit crunch’, ie a sudden, severe and prolonged reduction in the availability of loans affecting all areas of the economy.

Arbitration briefing

The Arbitration (Scotland) Bill was introduced on 29 January 2009. The Bill is intended to put the majority of the general Scots law of arbitration into a single statute.

Sexual Offences (Scotland) Bill: Stage 3 briefing

Stage 3 proceedings on the Sexual Offences (Scotland) Bill are scheduled to take place on 10 June 2009.

Sexual Offences (Scotland) Bill: Children briefing

This briefing considers various provisions relating to children in the Sexual Offences (Scotland) Bill. A separate SPICe briefing looks at the Bill in more general terms – SB 08-48 Sexual Offences (Scotland) Bill.

Sexual Offences (Scotland) Bill briefing

This briefing considers the main provisions of the Sexual Offences (Scotland) Bill as introduced in the Parliament in June 2008.

Judiciary and Courts (Scotland) Bill: Parliamentary Consideration Prior to Stage 3 briefing

This briefing summarises the main recommendations made by the Justice Committee in its Stage 1 Report, as well as the Scottish Government’s response to that report.

Judiciary and Courts (Scotland) Bill briefing

This briefing summarizes the objectives of the Judiciary and Courts (Scotland) Bill.

Offences (Aggravation by Prejudice) (Scotland) Bill briefing

The Bill provides for new statutory aggravations which may be applied in cases where there is evidence that a crime has been motivated by malice or ill-will based on a victim's actual or presumed sexual orientation, transgender identity or disability.

Damages (Asbestos-Related Conditions) (Scotland) Bill: Stage 3 briefing

Stage 3 proceedings for the Damages (Asbestos-related Conditions) Scotland Bill are scheduled to take place on 11 March 2009.

Damages (Asbestos-related Conditions) (Scotland) Bill briefings

The briefing describes the background to the Bill, explains the health implications of asymptomatic asbestos-related conditions and considers the broader legal and financial implications of the Bill.

Draft Budget 2009/10: Justice briefing

This briefing has been prepared to assist the Justice Committee in looking at the Scottish Government's draft budget for 2009/10.

Sexual History and Character Evidence briefing

Looks at legislative provisions which seek to restrict the circumstances in which evidence can be led regarding the sexual history and character of complainers in sexual offence trials.

Rape briefing

Provides information on the crime of rape, including: (i) the current legal definition; (ii) proposals for legislative reforms; (iii) the investigation and prosecution of rape; and (iv) statistics relating to rape.

Scottish Civil Courts Review briefing

This briefing is intended to contextualise the Scottish Civil Courts Review’s on-going work and to inform readers in advance of the report’s publication in 2009.

Police Strength briefing

This briefing provides statistical information about police officers and civilian support staff in the eight Scottish police forces and police forces in a selection of European countries.

Legal Aid in Scotland briefing

This briefing considers the legislative framework of legal aid and the role of the Scottish Legal Aid Board, the different types of legal aid which are available, and recent trends in expenditure on legal aid.

Scottish Civil Court System briefing

This briefing provides an overview of the civil court system in Scotland.For an overview of the system of criminal courts in Scotland see the related SPICe Subject Map entitled The Scottish Criminal Justice System: the Criminal Courts (McCallum et al)

Scottish Criminal Justice System: The Prison Service briefing

This briefing provides a brief description of the operation of the prison service in Scotland and provides information on the system of early release for prisoners.

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