‘What is Scots law’ is a common question when figuring out the UK’s legal system. Just like how you find different legal legislations across the states in the USA, England, Ireland, Wales, and Scotland have slightly varying legal systems that affect how internal issues are dealt with.
In this article, we’ll give you an overview of Scots Law and why it matters and dive into 5 of the strangest Scots laws still in place today!
Let’s get into it.
What is Scots Law?
Before we dive into some of the strangest Scottish laws in the legislature, it’s important to give you a quick understanding of what makes Scots Law its unique legal system.
Scots Law is a legal system specific to Scotland and Scottish lawyers. It is a unique type of Law which combines principles of Civil Law and Common Law.
Scots Law covers a range of areas, including contract law, property law, family law, criminal Law, and more. It is divided into two main categories, ‘Civil Court’ and ‘Criminal Court’, which handle issues of varying severity.
Smaller offences (for example, unpaid parking tickets) will be dealt with in a Civil Court, whilst criminal activity will be taken to Criminal Court. For exceptionally sensitive cases, the offence may be elevated to the Supreme Court of the United Kingdom.
5 Fascinating Scottish Laws
Scots Law comprises a wide variety of interesting legal matters. Like every other legal system, it still holds a range of fascinating (and somewhat dated) laws that might surprise you. Let’s dive into our list of 5 fascinating Scottish laws without further ado.
#1 Can I Use Your Toilet?
According to ancient Scottish Law, you have to allow anyone who knocks on your door and asks to use your toilet access. Whilst this may seem silly by today’s safety standards, the Law has yet to be revised in parliament.
This is an interesting debate within many countries with legal systems in place for centuries – when does a law stop being relevant? It’s unlikely you’d still be punished for refusing access to your private property, but according to the Law — they could still press charges!
#2 No Drinking With Cows
Have you been left in charge of a cow? If so, you better be sober!
In Scotland, drinking is illegal when in charge of a cow. This archaic law has yet to be revised and comes from the days in which cows were a common mode of transport for getting supplies to market.
Much like today’s modern drink-driving laws, the Licensing Act of 1872 forbids you from drunk-riding a cow to market, and the charge for doing so is up to a year in prison.
#3 No Salmon Fishing on Sundays
Salmon need a break too! On Sundays, per the Salmon Fisheries (Scotland) Act of 1862, it is illegal to fish for salmon in Scotland. Though one day a week may not be enough for salmon to replenish their forces, the law still holds today. Even stranger, it also mentions that you should not be “found handling a salmon in suspicious circumstances”.
What exactly a suspicious circumstance remains up for debate, but the consensus is that you should not be fishing for or dealing in salmon fish on Sundays.
#4 No Gambling Over Books
Funnily enough, the Scottish National Library was a hotbed of gambling and secret games back in the 1800s. The Library Offences Act of 1898 recognised this and aimed to make gambling in libraries illegal.
It prohibits gambling in library venues and bans abusive language or behaviour. The current punishment stands at 40 Shillings in penance!
#5 Going To Prison? Don’t Bring Your Catapult
The Prisons (Scotland) Act 1989 made bringing a catapult into prison illegal. This may seem like a relatively strange law, considering it’s not commonplace to bring any weapon into prison – but the 1980s saw a trend of prisoners using homemade catapults to get objects over prison walls. It’s now illegal to bring or make a catapult in Scottish prisons, and it can result in a longer sentence.
Is Scots Law Different from The Rest of The UK’s Legal System?
Scots Law differs slightly from other UK legal systems because it blends Civil and Common Law. Compared to its neighbours in England, who operate a common law system, Scots Law features a unique hybrid system.
This influences many things; for example, in England, Criminal Law cases are considered ‘the relationship between the individual and the state’, which defines acceptable codes of conduct within society.
Scottish criminal Law is a little more individualistic, and there are three possible verdicts in a Scottish criminal trial: guilty, not guilty, and not proven. ‘Not proven’ refers to a case in which the prosecution has not proved the case past the point of reasonable doubt, but the accused has not been found innocent either.
The UK Supreme Court still handles cases of higher severity – so the Law does combine in some areas such as this. In the event of a large case or final appeal, the court hearing would take place in London, and matters would be dealt with nationally.
To Conclude,
For such a small country, the UK’s court system can take time to grasp. We hope this article has helped you understand Scots Law and some of the weirder, wonderful laws that remain relevant in Scotland!
Also read: Benefits of Having a Legal Plan for Elderly Citizens
