David's Legal Book Review

David J Dickson, Solicitor Advocate shares his January 2024 Journal Legal Book Reviews

The Criminal Law of Scotland: Volume 1 (4th edition)

By Professor James Chalmers and Professor Fiona Leverick

(W Green/SULI; ISBN: 9780414114159; £135, ebook £135 available on ProVie

Professors Chalmers and Leverick bring us the fully revised volume 1 of Gordon, the vade mecum for criminal practitioners since its publication in 1967.

This edition sees a significant rewrite on mens rea, art and part, inchoate crimes and causation. In addition, there are 10 new chapters, which consider defences. The authors note these chapters draw on the excellent SULI book published in 2006: Criminal Defences and Pleas in Bar of Trial. Each of these new chapters approaches the issue in a systemic way, beginning with the theoretical base, moving on through historical development and on to a consideration of the modern law. The authors then take the reader through the requirements of the defence.

The authors also provide new chapters on s51A, what some still regard as the old “insanity defence”, although now in codified form, and diminished responsibility and automatism. The chapters on s51A and diminished responsibility are particularly clear on the requirements of the defence. These defences can cause practitioners some difficulty and readings these chapters brings clarity. The authors also make reference to suggested jury directions.

The book is laden with references to both institutional and other writers as well as authority. However, this is not confined to Scots law. There is reference to English authority and Commonwealth authority, for instance in a discussion about the effectiveness of dissociation when art and part is pled on behalf of the Crown. This is also helpful in a discussion on the scope of the defence of intoxication, where Scots law is said to be inculpatory, and not a defence, unlike in other jurisdictions.

There is consideration of corporate criminality, in particular corporate homicide, demonstrating the very high statutory test the Crown require to meet.

The book merits a considered approach. There are nuggets tucked away, such as a consideration of the 2019 case of McCallum v Richardson in which the Crown conceded that as the police had no lawful authority to enter the accused’s house, she was entitled to exercise force to ensure her integrity, the authors considering this within the context of self-defence.

Every edition of this book has brought new insight. While maintaining the academic and intellectual rigour the book is known for, this edition offers clarity on some of the more difficult areas of criminal law. This is an outstanding contribution to greater understanding of the criminal law of Scotland and its practical operation.

Style Writs for the Sheriff Court (5th edition)

By Andrew Stevenson

(Bloomsbury; ISBN: 9781526525390; £99, ebook £80)

The Courts Reform (Scotland) Act 2014 saw the creation of the All-Scotland Sheriff Personal Injury Court, which is based in Edinburgh, and deals with all cases worth up to £100,000. It covers cases ranging from debt and bankruptcy to child welfare and anti-social behaviour.

Style Writs for the Sheriff Court will be useful to the civil practitioner. Based on cases the author has seen in his years of practice, he has fictionalised the names and cases and has produced a comprehensive book of style writs in a world where “litigation has become ever increasingly specialised and regulated”. Stevenson challenges the view that pleadings be based only on facts and not law. This is laudable for concision but somewhat sterile and to give a wider context of the factual basis of the pleadings is, surely, of benefit to the clerk and court.

The book incorporates changes brought about by the Home Owner and Debtor Protection (Scotland) Act 2010 and the 2019 Rules on Expenses. The full range of pleadings are to be found, from family proceedings to actions seeking, personal injury, heritable actions and expenses. Thorough and comprehensive.