About: Precognition (Scots law)

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Precognition in Scots law is the practice of precognoscing a witness, that is the taking of a factual statement from witnesses by both prosecution and defence after indictment or claim but before trial. This is often undertaken by trainee lawyers or precognition officers employed by firms; anecdotal evidence suggests many of these are former policemen.

Attributes	Values
rdf:type	company
rdfs:label	Precognition (Scots law) (en)
rdfs:comment	Precognition in Scots law is the practice of precognoscing a witness, that is the taking of a factual statement from witnesses by both prosecution and defence after indictment or claim but before trial. This is often undertaken by trainee lawyers or precognition officers employed by firms; anecdotal evidence suggests many of these are former policemen. (en)
dcterms:subject	Prosecution Scottish criminal law Scots law
Wikipage page ID	3143500 (xsd:integer)
Wikipage revision ID	1060353633 (xsd:integer)
Link from a Wikipage to another Wikipage	Scotland Defense (legal) Indictment Pre-trial rights of the accused in Scots law Prosecutor Courts of Scotland Criminal law Crown Office and Procurator Fiscal Service Civil law (common law) Prosecution Summons Witness statement Scottish criminal law Advocate Evidence (law) Fine (penalty) Cause of action Discovery (law) Judge's chambers Procurator fiscal High Court of Justiciary Sex and the law Scots law John Cameron, Lord Coulsfield Suspect Trial Police Scotland Sheriff court Sheriff Imprisonment Scots law Solicitor dbr:Criminal_Procedure_(Scotland)_Act_1995 dbr:Criminal_Justice_and_Licensing_(Scotland)_Act_2010 dbr:Wiktionary:precognosce
sameAs	Precognition (Scots law) Precognition (Scots law) Precognition (Scots law) Precognition (Scots law)
dbp:wikiPageUsesTemplate	dbt:Other_uses_of dbt:Reflist dbt:Use_British_English dbt:Use_dmy_dates dbt:Criminal_procedure_(investigation) dbt:Scots_law
has abstract	Precognition in Scots law is the practice of precognoscing a witness, that is the taking of a factual statement from witnesses by both prosecution and defence after indictment or claim but before trial. This is often undertaken by trainee lawyers or precognition officers employed by firms; anecdotal evidence suggests many of these are former policemen. This procedure is followed in both civil and criminal causes. The subsequent statement is generally inadmissible as evidence in the trial, but it allows the procurator fiscal, advocate or solicitor in Scotland to appear before the Courts of Scotland knowing what evidence each witness is likely to present. Following the judgement of the Appeal Court in Beurskens v HM Advocate [2014] HCJAC 99 it is possible for a precognition to be considered as a statement, and thus be admissible as evidence in court. Historically precognitions were not only a distinctive feature of Scottish criminal procedure, but vital to the defence. Before the passage of the there was limited disclosure by the prosecution to the defence. Section 121 of 2010 Act required the prosecutor to disclose all information that would "materially weaken or undermine the evidence... by the prosecution", "materially strengthen the accused's case", or "form part of the evidence to be by the prosecutor". This was in response to the 2007 review by Lord Coulsfield. Before this the accused was entitled to a copy of the indictment with all the charges laid against them, and to a list of prosecution witnesses and productions (other evidence) and to all statements taken by the prosecution and knowledge of witnesses prior criminal records. Police officers from Police Scotland can be asked to attend for precognition by solicitors for the defence, and it is possible for them to refuse to attend (except where a Sheriff orders a precognition on oath). However, as of 7 August 2013 Police Scotland had no record of how many officers had refused to attend a precognition for the defence. (en)
gold:hypernym	Practice
prov:wasDerivedFrom	wikipedia-en:Precognition_(Scots_law)?oldid=1060353633&ns=0
page length (characters) of wiki page	11446 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Precognition_(Scots_law)
is differentFrom of	Precognition
is Link from a Wikipage to another Wikipage of	Pre-trial rights of the accused in Scots law Crown Office and Procurator Fiscal Service Colin Boyd, Baron Boyd of Duncansby Procurator fiscal Shirley McKie
is foaf:primaryTopic of	wikipedia-en:Precognition_(Scots_law)

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