The Law of Sexual Offences in Scotland

Préface
This is the only comprehensive guide to the law of sexual offences in Scotland. It provides a complete commentary on how such offences are investigated, prosecuted and tried in the Scottish courts.

Auteur

Paul Harvey is an advocate at Arnot Manderson Advocates, Edinburgh and a barrister and associate tenant at Doughty Street Chambers, London. He is currently serving as an advocate depute, prosecuting serious crime, particularly serious sexual offences, in the High Court of Justiciary, Scotland. He is co-author of Mason's Forensic Medicine and Law, the seventh edition of which will be published by Bloomsbury Professional in Spring 2023.

Texte du rabat

The Law of Sexual Offences in Scotland is a comprehensive guide to the law and practice of sexual offences in Scotland. It covers all of the sexual offences in Scots law as well as those offences that, though not strictly sexual offences, are often committed against intimate partners. It also provides an outline of the main principles and sources of evidence in sexual offences cases, and commentary on how the main sexual offences in Scots law are investigated, prosecuted and tried in the Scottish courts.

It covers:

• All of the offences contained in the Sexual Offences (Scotland) Act 2009 and the main concepts regulated by the Act such as consent and reasonable belief
• The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
• The Abusive Behaviour and Sexual Harm (Scotland) Act 2016 and the Domestic Abuse (Scotland) Act 2018
• The Human Trafficking and Exploitation (Scotland) Act 2015
• Indecent images and pornography offences
• Historical sexual offences
• The use of special measures for vulnerable witnesses
• The sexual history and bad character provisions in sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995
• Expert forensic and medical evidence in sexual offences cases
• The operation of corroboration in sexual offences cases
• Sentencing and ancillary orders in sexual offences cases

It is an indispensable guide for those involved in sexual offences cases at all levels of the Scottish legal system.

Contenu

PART 1: SEXUAL OFFENCES

A. Preliminaries

1. The Scottish courts and jurisdiction over sexual offences

B. The Sexual Offences (Scotland) Act 2009

2. The general provisions of the Sexual Offences (Scotland) Act 2009
3. General offences under the 2009 Act
4. Offences against children under the 2009 Act
5. Abuse of trust offences under the 2009 Act

C. Other sexual offences in Scots law

6. Further offences to protect children: the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
7. Further offences to protect those in intimate relationships (stalking, sharing intimate images, and the Domestic (Abuse) Scotland Act 2018)
8. Further offences to protect vulnerable groups from sexual exploitation:
9. Indecent images and pornography offences
10. Sexual offences at common law
11. Incest
12. Historical offences

PART 2: THE INVESTIGATION, PROSECUTION AND TRIAL OF SEXUAL OFFENCES

13. The investigation and prosecution of sexual offences
14. The trial of sexual offences

PART 3: EVIDENCE IN SEXUAL OFFENCES CASES

15. Medical evidence in sexual offences cases
16. DNA and other scientific evidence in sexual offences case
17. Special measures for witnesses in sexual offences cases
18. Restrictions on sexual history and character evidence
19. Corroboration in sexual offences cases

PART 4: SENTENCING IN SEXUAL OFFENCES CASES

20. Sentencing in sexual offences cases

Appendices
1.Table of sexual offences, relevant dates, and sentences
2.Medical examination proforma