Skip to main content
29 votes

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

It depends on the type of warrant. Failure to pay a fine is not necessarily an arrestable offence. The Police Scotland Warrants Standard Operating Procedure (710 kB PDF) states: 5.3 Whilst there ...
Owain's user avatar
  • 1,985
13 votes
Accepted

Home ownership burden of insurance in Scotland

You actually have a statutory duty to have insurance when you own one of the flats in a tenement. It's possible that the title condition goes beyond this requirement in some way, but there is still a ...
alexg's user avatar
  • 6,715
12 votes

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

united-states In the U.S., this would be attempted murder. While Scotland and the U.S. have laws that differ in many respects, this is not an issue upon which I would anticipate that there would be ...
ohwilleke's user avatar
  • 218k
12 votes

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

From https://www.mygov.scot/your-rights-sheriff-officers/ Forcing entry If a sheriff officer has permission from the court to enter your home or workplace but you don't let them in, they are allowed ...
IKnowNothing's user avatar
  • 2,283
10 votes

How long can someone sleep over at someone else's rented accommodation?

The rule applied by councils in the UK is that a person is not normally resident in a property if they have alternative accommodation in which they normally pay Council Tax. A certain amount of leeway ...
Richard's user avatar
  • 4,095
9 votes

Compensation for custody awaiting trial resulting in acquittal?

In all but a few U.S. states the answer is that you are not entitled to any compensation. This is grossly unfair, but is the dominant rule by far in most jurisdictions in the U.S. As a matter of ...
ohwilleke's user avatar
  • 218k
8 votes

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

In at least some US states (I suspect most or all of them) this would be attempted murder. This page from US legal quotes the law from Illinois as typical: § 720 ILCS 5/8-4. Attempt Sec. 8-4. Attempt....
David Siegel's user avatar
7 votes
Accepted

Can I legally allow my dog to pee on someone's fence?

No, you are not breaking any laws. There is a law about fouling but that's about defecation. Dog Fouling (Scotland) Act 2003
jqning's user avatar
  • 8,706
7 votes
Accepted

What enforcement action can be taken against a small claims court respondent?

At this point, since it's been more than four weeks since the order was issued, you are able to enforce the order. The delay is just to allow appeals or corrections. It is up to you to arrange ...
alexg's user avatar
  • 6,715
7 votes
Accepted

What processes exist for ensuring high quality judges and judgements? (UK)

england-wales Background and Appointment Process The United Kingdom has separate judicial systems for England and Wales, Scotland, and Northern Ireland, respectively. This answer does not consider ...
ohwilleke's user avatar
  • 218k
6 votes

What is the legal situation if the police "request" a crowd disperse?

Ordinarily, a request by police is made in the simple hope of stopping the crime or disorder that is happening in front of them. It is not an offence in itself to disobey the request, but somebody ...
alexg's user avatar
  • 6,715
6 votes
Accepted

What are the cross-jurisdictional effects of British police powers?

Within the united-kingdom there are england-and-wales, scotland and northern-ireland. Broadly speaking: A police officer from one country can cross a border into another country to execute an arrest ...
Lag's user avatar
  • 17.2k
5 votes
Accepted

Influence of Scots Law outside Scotland (especially in the US)

united-states I really can't think of any influences of Scots Law on U.S. law. In all of the areas where I know Scots law to be distinctive vis-a-vis English common law, the U.S. has not followed the ...
ohwilleke's user avatar
  • 218k
5 votes
Accepted

Is the reasoned verdict or sentencing remarks of Andrew Miller available to read?

A judge may decide to publish a statement after passing sentence on an offender in cases where there is particular public interest; where a case has legal significance; or where providing the reasons ...
sjy's user avatar
  • 9,178
5 votes

When did unpasteurised dairy become illegal in Scotland?

It’s only the sale of unpasteurised milk to consumers that’s banned — other dairy products such as cheese may be made from unpasteurised milk. It was banned by the Milk-based Drinks (Scotland) ...
Mike Scott's user avatar
  • 1,432
4 votes

Which legislation makes abortion illegal in Scotland?

Like a lot of Scottish criminal law, there's no specific legislation, but it is illegal through common law. This was also true in the rest of the UK until the 1800s, when statutes were passed with the ...
DPenner1's user avatar
  • 4,941
4 votes

Could a Scottish court 'block' a parliamentary shutdown?

Probably not. As I understand it, the case is being run in Scotland on the belief that Scottish constitutional law is more likely to allow this claim than English law is. That is why the case is not ...
Patrick Conheady's user avatar
4 votes
Accepted

Charges I may face for limerick

Jan Böhmermann faces prosecution in Germany for violating their penal code section 103 as discussed here. Lèse-majesté is not a crime in the UK, though apparently it was a common law crime in Scotland ...
user6726's user avatar
  • 215k
4 votes

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. Not so much. It establishes principles of parliamentary monarchy... (for example) That the ...
phoog's user avatar
  • 37.4k
4 votes
Accepted

What are the territorial scopes of sections 4-5 of the Public Order Act 1986?

Sections 4, 4A & 5 are applicable only to England & Wales. You can see this if you click "Show Geographical Extent:" That information is drawn from s. 42 (Extent).
Jen's user avatar
  • 57k
3 votes

Influence of Scots Law outside Scotland (especially in the US)

There are several Scottish Law concepts in the USA. One in particular is the doctrine of forum non conveniens: that the court is not a suitable one to hear the case. Scots law had established this ...
andrew smith's user avatar
3 votes

Does double jeopardy prevent someone being tried twice for the same offence in both England and Scotland?

england-and-wales Yes, double jeopardy applies The common law pleas of autrefois acquit and autrefois convict apply equally to foreign offences; this is black letter law in Halsbury's Laws of England. ...
goodquestion's user avatar
3 votes
Accepted

What does it mean that Scotland is a civil law jurisdiction?

Both civil law and common law have civil codes, so that isn't the difference. It is common in civil law jurisdictions for these to be called civil codes and consolidated into the great big book of law....
Dale M's user avatar
  • 211k
3 votes
Accepted

Is mooning people in the UK legal?

In English law there isn't a specific offence of "mooning". However: It is conceivable that under Public Order legislation someone mooning could be found guilty of causing "harassment, ...
Lag's user avatar
  • 17.2k
3 votes

The Social Action Responsibility and Heroism Act (England and Wales)

just found this when I had a similar question of my own so thought I would share the response I got: no there isn't a Scottish equivalent to the English SARHA. And there has been some criticism of it: ...
Vic's user avatar
  • 31
3 votes

Is "proven" always pronounced "prohvun" rather than "proovun" in Scottish legal contexts, or only when referring to verdicts?

This is pretty much just a matter of general pronunciation. Many Scottish people will make the "o" of "proven" sound like the one in "over", in all contexts. Others will ...
alexg's user avatar
  • 6,715
2 votes

Heraldic Law and Jurisdiction of armorial assumption

I am not sure 'laws' is the appropriate term: though the Court of Chivalry still exists it has sat only once in the last 300 years (to determine whether a theatre had the right to display the ...
Tim Lymington's user avatar
2 votes

Is agreeing in a pre nup to get divorced in Scotland legally binding?

Probably not. Many countries (or subordinate units like states in federal countries that vest divorce law in subordinate units), including Scotland (as set forth in the Domicile and Matrimonial ...
ohwilleke's user avatar
  • 218k

Only top scored, non community-wiki answers of a minimum length are eligible