Preface

When this book was first published, in 1996, it was intended as an introductory account for those coming new to the subjects of criminal evidence and criminal procedure, which, between them, provide the framework within which criminal courts conduct their business and take their decisions.It turned out also to be helpful to qualified practitioners who were interested in a practical and useable account of the essentials of the subject.I am, of course, pleased that it has been helpful in that way and hope that this edition will be equally helpful.The book is not, however, intended to be a comprehensive reference account of the law of criminal evidence and procedure.That already exists elsewhere.Nor have I attempted exhaustive analysis of any aspect of the law.The intention remains, as it always was, to provide an introductory account; but I hope that the book will provide at least a starting point for most issues that arise in criminal practice.There is a substantial degree of interpenetration between evidence and procedure.Not only can procedural irregularities have a decisive effect upon the admissibility of evidence but many questions relating to evidence also have consequences for the procedure which is followed.Accordingly, so far as possible, this book sets out to describe evidence and procedure in an integrated way.The law of procedure is considered in the general order in which steps occur in prosecutions.Solemn and summary procedure are dealt with together, so far as possible, since the same principles underlie both and they share many common rules.Where the two must be treated separately, solemn procedure is taken first, following the pattern of the Criminal Procedure (Scotland) Act 1995.Matters of evidence are dealt with as they become relevant to the topics dealt with.As a result many rules of evidence are considered primarily in the context of solemn procedure, which is the context in which they were developed.Although summary cases account for the great majority of criminal cases in terms of numbers, aspects of the law of evidence are easier to understand if the perceived needs of jury trial are kept in mind.The Criminal Procedure (Scotland) Act 1995 is the single most impor-