ABSTRACT
This chapter highlights the main differences in law that are relevant to the dental practitioner in Scotland. The law of negligence in Scotland is known as delict, which compares with the English law of tort. Delict is part of the civil law and the commission of a delict is the breach of an obligation created by the law. The district court is the lowest level of criminal court. The sheriff courts are the next level of courts and hear both criminal and civil cases, whereas the High Court of Justiciary is the highest level of criminal court. The prosecution of crime is almost exclusively the prerogative of the crown. The right to private prosecution still exists but is rarely invoked. Consent to medical or dental treatment has legal effect, as it confers upon the doctor or dentist concerned a defence to an action for assault that the treatment would otherwise constitute.
