Defences

Common defences in Scottish law

Criminal Defences
In general, there is no requirement for the defence to prove their defence, but they do have to satisfy an "Evidential burden", at least showing that its plausible. It is then up to the prosecution to disprove the defence.

The only exception to this is for "Insanity" style defences.

In Solemn cases, all defences must be pre advised to the prosecution; in Summary cases only the special defences need to be.

The burden of proof, and the notice requirement both tie together ash the procedural requirement.

Complete Defences
Complete Defences clear the entire charge, rather than replace it with a lesser charge

Special defences
These defences must be advised to the prosecution before use
 * Automism
 * Alibi
 * Coercion
 * Diminished Responsibility
 * Incrimination
 * Mental Disorder (Insanity)
 * Self Defence

Other complete defences

 * Neccessity

Partial Defences
Partial defences replace a more serious with a lesser one.