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Robert S Shiels, 'The Crown Practice of Precognition in Mid-Victorian Scotland’, 29-43

Article

Published onSep 01, 2015
Robert S Shiels, 'The Crown Practice of Precognition in Mid-Victorian Scotland’, 29-43

Abstract
The criminal procedure of precognition was and is the practice of taking of statements from witnesses by or on behalf of the local public prosecutor in place of or in addition to those statements provided by the police. That suggests strongly a different basis to practice from that in accusatorial systems. Precognitions constituted a preliminary sift of the evidence and the reporting of the results to independent lawyers for instructions was an unequivocal indication of decision-making within a hierarchical system. The administrative action of issuing written rules of practice to local public prosecutors in 1868 consolidated the existing procedure.

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