Evaluate the Scottish Criminal Justice System.
Knowledge and/or skills
Identification and evaluation of key similarities and differences between the legal
system in Scotland, England and Wales, and one other country
Identification and evaluation of key similarities and differences between the criminal
justice system in Scotland, England and Wales, and one other country
Evaluation of how the differences impact on offending rates, recidivism
(reoffending) and the victims (victim support available, how the legal system impacts
victim support)
Assessment
1k word count
Evidence Requirements:
You need to provide evidence to demonstrate their knowledge and/or skills by showing that you
can:
Evaluate the similarities and differences of the legal systems in Scotland, England and Wales,
and one other country.
England and Wales use a common law system. Common law is unwritten laws based on judicial
precedent or what came before. This means that judges play an active role in interpreting the law on
a case-to-case basis as they actively decide how the case compared to prior cases and then decide
how to apply the law. (see appendices for more)
The legal system in England and Wales is also based on statutory laws i.e., laws created by
parliament. Statutory laws in England and Wales take precedence over common laws meaning
statutes are the highest authority on the decisions of law. Examples of statutory law are: The Human
Rights Act 1998 and The Equality Act 2010.
In contrast Norway primarily uses a civil law system: these are laws set out by legislation/ a
collection of statutes. These can be written in the Norwegian Constitution of 1814 or in statutes
written by Storting - the Norwegian Parliament. Norway unlike the other countries have a written
constitution this is Norway’s highest order of law. Like common law, legal interoperation is
important in Norway as the high court’s decide how to interpret and apply statutes. This gives
Norway judicial creativity like England and Wales. (See appendix for jc). Norway also embrace
separation of powers, not one part take more power - is this why ?? , unlike England and Wales the
lower courts can overturn the top court (not often, example?)
Sometimes common law is imprecise or judges chose to ignore precedent.
Judicial creativity is the judges freedom/ ability to interpret and apply the law in often new ways
than before. It allows judges to resolve the meanings of words and phrases within statutory
law(Joyce, 2006).
Scotland is similar to E&W in that it features a common law system however like Norway Scotland
has civil law influences. Scotland with its devolved powers act have separate powers when it comes
to some laws. For example:
Mention Wales and devolved powers? Different from Scotland highlights Scottish differences more?
It is developed on a case to case basis
Similarities and Differences in the Legal System in Scotland, England and Wales, and one
other country (200-250 words)
Legal systems are usually based on one of four basic systems; civil law, common law,
statutory law, religious law or a combination of these.
Referring to the specific legal systems of each, discuss the differences and any similarities of
the legal system in each of the countries above.
Accurately identify key differences between criminal justice systems in Scotland, England
and Wales and one other country, and evaluate them in terms of their effectiveness in
dealing with offenders, reducing reoffending and supporting victims of crime.
What affects reporting of crime: perceived seriousness, will reporting make a difference, is it
required for an insurance claim e.g., property theft.
Norway | OSCE POLIS
Victim Compensation Programs: Norway ([Link])
Home - Victim Support Scotland
Victim and witness services - [Link] ([Link])
About the Norwegian Correctional Service - [Link]
[Link]
86DD4E2062E4D412E24B052560672E21/[Link]/scottish_legal_system.pdf
[Link]
transitionType=Default&contextData=([Link])#co_anchor_a127154
[Link]
Reserved%20Powers%20-UK%[Link]
[Link]
system/features-of-the-norwegian-legal-system/#legal
