This is the first textbook to set the Scots law of evidence against a modern backdrop of legal thought and empirical research. It examines the non-legal dimensions of evidence and proof through the lens of legal philosophy, procedure, sociology, science and psychology to analyse the contexts that affect the handling of facts and the process of proof in Scotland. Drawing extensively on socio-legal research, the book provides an accurate picture of how fact-finding works in Scotland--giving students the foundation for a complete, critical and contextual understanding of Scots evidence law.

A comprehensive and detailed examination of the law of evidence in the broadest of civil and criminal contexts. The emphasis is upon rigorous examination of the issues affecting all who work with the law of evidence whether in court, chamber practice or legal education. The fifth edition takes account of a range of relevant new legislation, including the following statutes: · Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 · Domestic Abuse (Scotland) Act 2018 · Abusive Behaviour and Sexual Harm (Scotland) Act 2016 · Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016 · Criminal Justice (Scotland) Act 2016 It includes relevant case law, including significant developments in respect of opinion evidence, real evidence and corroboration.

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As the law stands, the prosecution in Scotland cannot rely upon previous convictions to help prove their case against an accused person. If an accused, charged with murder, has been convicted of a number of other murders, the jury will not know this when considering their verdict. Other jurisdictions - most notably England and Wales - have rules which allow such evidence. Should Scots law be changed? In this report the Scottish Law Commission conclude that the present rules restricting the use of evidence that the accused has acted in a similar way on other occasions - including evidence that he or she has committed similar crimes - lack both logic and coherence. It recommends that the law recognise that such evidence can be highly relevant to the question of guilt or innocence. The report argues that all relevant evidence - including evidence of similar previous convictions - should, in principle, be admissible. Included with the report is a draft Bill which would give effect to the recommendations by replacing the present law with a clear and coherent statutory framework for the admission of all relevant evidence in criminal proceedings.