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The Law >> General Law >> Magna Carta
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Message started by ImpeachMe on Sep 29th, 2006 at 4:54am

Title: Magna Carta
Post by ImpeachMe on Sep 29th, 2006 at 4:54am
Englishmen believe they have had a right to trial by jury since Magna Carta.

The question I would like to ask is do Scots also have this right?

Title: Re: Magna Carta
Post by grumpy on Sep 29th, 2006 at 4:38pm
Simply, NO. It is the crown that decides how to proceed to trial. In certain serious cases such as murder, rape etc, there will always be a jury as theses are tried in the high court. However, some fairly serious charges are tried in the sheriff court where the Procurator Fiscal decides whether to go for a jury trial or a sheriff sitting alone. The accused has no right to a jury in these circumstances.

Title: Re: Magna Carta
Post by RFM on Nov 15th, 2006 at 1:10am
So who instructs the jury in Scotland? By written or oral procedure? Do both sides have the opportunity to argue to the jury and who goes last? Are special interrogatories to the jury allowed and if so by which side? Are preremptory challenges allowed?

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