Outcome 2:

 Write a 1000-word report that covers the evidence requirements listed below.

 Evidence Requirements:

Learners need to provide evidence to demonstrate their knowledge and/or skills by showing
that they can:

 Evaluate the similarities and differences of the legal systems in Scotland, England and
Wales, and one other country.

 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.

Definitions:

A legal system - the rules of law in a country and the way in which these rules are enforced. Legal
systems can be classified according to certain basic characteristics which they possess.

The Criminal Justice System - a series of government agencies and institutions whose goal is to is to
deliver justice for all, by convicting and punishing the guilty and helping to reduce reoffending, while
protecting the public.

Civil Law – a series of written codes or laws, which originates from the Roman concept of ius civile
(Latin for ‘citizens law).

Based on general abstract principles. Codified – set of basic rights and duties placed upon society.

Law is set in writing, decisions made in advance, judicial roles are passive, role of lawyers during trial
is secondary.

Statutory Law - is the term used to define written laws, usually enacted by a legislative body.

Passed in Parliament, Scottish Parliament, Welsh Assembly, Statutory instruments. Acts of

parliament highest form of law and must be enforced by the courts.

The distinction between a law and a statute is that a law applies equally to us all but statutes can be
made to favour one sector of society over others

 Abusive and Sexual Harm (Scotland) Act 2016

 Bankruptcy (Scotland) Act 2016

 Carers (Scotland) Act 2016

 Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016

 Mental Health (Scotland) Act 2016

 Human Trafficking and Exploitation (Scotland) Act 2015

Common Law – established by what has been heard in earlier cases, therefore, the law is co-created
by judges. Tends to evolve over time based on past customs and practices. Principle of precedent.

Began in time with no real statutes. Adopted via historical English legal system – US retains common
law. Follows rules that the prior courts determined unless overruling.

Lower courts are bound by high courts in previous cases, this is the basis of common law. The judge
plays the key role in the decision. Case cantered, case by case, pragmatic. Role of lawyers is primary,
decisions are not made until have to be.

Religious Law - refers to ethical and moral codes taught by religious traditions. Examples include
Christian canon law, Islamic sharia law etc.

Treaty of Union (1707) – provision for Scotland to have its own judicial system that was distinct from
England and Wales.

What are the key similarities/differences between the 3 legal

systems?

Scottish Legal System: Scots law: Statute law, Common law(more civil law), Institutional writings.
The current Scottish Parliament was created by the Scotland Act 1998.
Use of common law and statute law with ability of devolved powers – create laws separate
from Parliament (Within reason).

Reserved powers : Law and change: Scottish legal heroes: Week 1: 3 - OpenLearn - Open
University

Historically, the Scottish legal system developed separately from the English common law, taking its
roots instead of from continental Roman-based civil law. However, it has been heavily anglicised
because since 1707 – however since 1960s push toward devolved powers.

Scotland Act 1998 transferred power to legislate (make laws) from the UK Parliament to the
Scottish Parliament. The Scottish Parliament has power to make law on any matter that is
not reserved. The areas on which it can make law are known as devolved matters.
Rather than being solely a Common Law system, Scottish law is a mixed system, and it is important
to be aware of the differences, especially if you plan to study law in a Scottish institution.
 Ability of devolved powers:

Following the Acts of Union (the Scottish Parliament’s Union with England Act 1707 and the
English Parliament’s Union with Scotland Act 1706 which created the Parliament of Great
Britain) common law became an integral part of the legal system in Scotland.

Another important role played by the judiciary is that of statutory interpretation. Whilst the
meaning of law in legislation (also referred to as Acts or statutes) should be clear and
explicit, this is not always achieved. Many cases come before the courts because there is a
dispute over the meaning of a word in legislation. Courts then have to determine the
meaning of that word.

Agriculture, forestry and All areas were devolved in 1998 under the Scotland Act 1998.
fishing

Education and training All areas were devolved in 1998 under the Scotland Act 1998.

Elections to the Scottish This area was devolved in 2012 and 2016.
Parliament

Environment Most areas were devolved in 1998. Energy efficiency schemes were
 devolved in 2016.

https://www.open.edu/openlearn/mod/oucontent/view.php?id=72110&section=1
http://www.ltscotland.org.uk/the-differences-between-the-english-and-scottish-law/
https://unimelb.libguides.com/c.php?g=925964&p=6688475