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Questions tagged [scotland]

60 questions
22
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If police come to my house with a warrant for my arrest, can they break in?

Suppose police have a warrant to arrest me for a minor offense, like failure to pay fines. If police come to my residence and I quietly hide they go away. If they see me at the window or I speak with them through the locked exterior door will they…
Aaron Mac
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How long can someone sleep over at someone else's rented accommodation?

In Scotland, how long can a person legally sleep in another person's flat without being a tenant? I expect that spending one night at a friend's is totally permissible, but being allowed to live there for months without paying that landlord would…
user8788
13
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3 answers

What crime has someone committed if they "kill" someone who is already dead?

Was watching a police drama (a classic "Taggart" episode) where this was a plotline. A wife shot her husband while he was "sleeping", and subsequently confessed to his murder. Yet (this being Taggart) it turned out that the husband had actually…
Statsanalyst
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Has a verdict of 'not proven' ever had a different effect to one of 'not guilty'?

In Scotland there are three verdicts available in criminal trials: guilty, not guilty, and not proven. In modern use there is no practical difference between not guilty and not proven: the defendant is acquitted in both cases. Has there ever been a…
Flup
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Is an English will valid if the testator dies while living in Scotland?

If a testator makes a will while living in England, to what extent will it be valid if the testator— permanently moves to Scotland, and subsequently dies there without making a further will?
Flup
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Compensation for custody awaiting trial resulting in acquittal?

I was accused of a crime and held in custody for 8 months then acquitted at court, I missed the first 8 months of my only child's life, and lost both my job and my partner. Could I be entitled to compensation?
Mikey
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When were the Black Acts passed in Scotland?

In 'The Scottish Legal System' 1, the authors say that The first printing press was introduced into Scotland in 1507, but it was not until 1541 with the printing of the Black Acts that it was applied to legislation. However, the Records of the…
Flup
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Does double jeopardy prevent someone being tried twice for the same offence in both England and Scotland?

Let us say someone (D) commits an offence under an Act of Parliament applicable to both England & Wales and Scotland, and the circumstances mean that both England & Wales and Scotland have jurisdiction (such as perhaps a cross-border fraud…
interestingquestions
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Home ownership burden of insurance in Scotland

I'm considering buying a home in Scotland for cash, with no mortgage. The home is an apartment. The property is freehold, which means it's outright ownership with no leasehold or anything like that. Because it's in a block of low rise flats,…
Owl
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4
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Practical equivalent of judicial review permission stage in Scotland

Judicial Review claims in England and Wales require a court's permission to proceed to a full hearing (CPR 54.4). The idea is to prevent claims with no prospect of success from taking up the court's time and incurring needless expense on the part…
Flup
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Decree letter for Registry Trust

I filed a Simple Procedure against a company several months ago, who later paid me. I recently received an email from someone who works for that company, see below: Dear [Medulla Oblongata], I refer to the Decree judgement you obtained against…
Medulla Oblongata
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What is the legal situation if the police "request" a crowd disperse?

There has been some trouble in Auchinleck, East Ayrshire. This is described: Det Insp Louise White of Ayrshire Division said: "An investigation is under way following an incident of large-scale disorder in Auchinleck on Saturday, 25 November.…
User65535
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Could Scotland Hold an Independence Referrendum Under The Claim of Right?

The Scottish Claim of Right makes clear that the people of Scotland are Sovereign, not Westminster. However, under the rest of UK law, Westminster/Parliament is Sovereign. Given the Supreme Court has ruled that the Scottish Parliament can't hold a…
ScottishTapWater
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Influence of Scots Law outside Scotland (especially in the US)

The United States legal system is largely based on Common Law, although some systems (e.g. Louisiana) have elements based on European Civil Law. However in the United Kingdom there is another interesting system with its own traditions, procedures,…
Q - 001
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Can I legally allow my dog to pee on someone's fence?

I live in Scotland and my dog likes to have a wee at 3D objects. Particularly he likes peeing at wooden fences and bushes of my neighbours. Now they're not very nice, they always complain no matter what. Am I breaking the law by letting the dog have…
The dude
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