Ahmad v HM Advocate [2011] ScotHC HCJAC_16 (26 January 2011)

Ahmad v HM Advocate [2011] ScotHC HCJAC_16 (26 January 2011)

It is not equitable or in the interests of justice to allow the proposed amendment to the grounds of appeal at this late stage, given the delay, the absence of satisfactory explanation, and the implications for the progress of the case. The application is refused both under section 100 of the Scotland Act 1998 and as a matter of judicial discretion.

Citation
[2011] ScotHC HCJAC_16
Parties
Appellant: Mohammed Ahmad; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
26 January 2011
Procedural Posture
Appeal Against Conviction and Sentence / Application for Leave to Amend Grounds of Appeal
Outcome
Application for leave to amend grounds of appeal refused.
Legal Topics
Proceeds of Crime, Right to Legal Representation, Appeal Procedure, Devolution Issues
Criminal Law Human Rights Law Proceeds of Crime Right to Legal Representation Appeal Procedure Devolution Issues

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Parties

Mohammed Ahmad

Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Appeal Against Conviction and Sentence / Application for Leave to Amend Grounds of Appeal

Legal Issues

  1. 1 Whether leave should be granted to amend grounds of appeal to include Cadder v HM Advocate arguments
  2. 2 Whether the proposed amendment is time-barred under section 100 of the Scotland Act 1998
  3. 3 Whether it is equitable or in the interests of justice to allow the amendment at this stage

Ratio Decidendi

It is not equitable or in the interests of justice to allow the proposed amendment to the grounds of appeal at this late stage, given the delay, the absence of satisfactory explanation, and the implications for the progress of the case. The application is refused both under section 100 of the Scotland Act 1998 and as a matter of judicial discretion.

Court Disposition

Application for leave to amend grounds of appeal refused.

Orders

  • Refuse application for leave to amend grounds of appeal.
  • Refuse to receive the devolution issue.