ABSTRACT
This chapter analyses the Scottish system of criminal procedure with reference to different typologies. There are many ways of classifying systems of criminal procedure. One of the most enduring is by reference to the distinction between ‘inquisitorial’ and ‘adversarial’ systems. In inquisitorial systems, the fundamental purpose of the process of investigation and trial is the discovery of the ‘objective truth’ in relation to an alleged crime. The trial takes the form of an examination of the accused and any witnesses by the court, based on the information contained in the dossier. In contrast to inquisitorial systems, accused and prosecutor are accorded a significant measure of control over how to resolve the dispute between them. The hierarchical model is typical of continental European procedural systems, and is characterised by ‘the high premium placed on certainty of decision making’. While certainty is an important value, it is less significant than in the hierarchical model.
