The Law of Evidence in Scotland


The law of evidence will generally reach into most areas of law provided they involve courts. There are different rules for children than for adults, different rules for criminal courts than for civil courts and the type of law which is involved may also vary the rules which apply. Many of the rules involve the operation of the jury in the court.

For example, in a criminal court, to reach a verdict of Guilty, the prosecution must show beyond all reasonable doubt that it was the accused who committed the crime whereas in a Civil court, it must be shown only on the balance of probabilities. Put simply - Criminal - 99% certain. Civil - 51% certain.