opening speeches in English criminal practice, the speech made by the prosecution indicating what it is it is trying to establish against the defendant. The defence may do so too if it has witnesses in addi- tion to the defendant. In Scotland, the practice is not followed and is often criticised. It has the benefit that the jury and judge get some idea of what the case is about and puts the evidence that is to be heard into context. On the other hand, a jury might become predis-

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posed against the defendant from the start. Having heard so much detail from the Crown, the jury might confuse allegation with proof of fact.

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