Her Majesty's Advocate v. Docherty [2010] ScotHC HCJAC_81 (06 August 2010)
The proposed additional grounds of appeal were refused as they were submitted too late without good reason, and the matters raised did not constitute arguable points of law of general importance warranting consideration by the Supreme Court.
- Citation
- [2010] ScotHC HCJAC_81
- Parties
- Appellant: Patrick Docherty; Respondent: Her Majesty's Advocate
- Jurisdiction
- Scotland
- Judgment Date
- 06 August 2010
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal to the Supreme Court
- Outcome
- leave to appeal refused
- Legal Topics
- Disclosure, Identification Evidence, Right to Legal Counsel, Devolution Issues
Case Brief
Summary, issues, holding and outcome
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Parties
Patrick Docherty
Appellant
Her Majesty's Advocate
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal to the Supreme Court
Legal Issues
- 1 Whether non-disclosure of police statements constituted a devolution issue
- 2 Whether failure to hold an identification parade affected fairness
- 3 Whether police interviews without access to a solicitor were admissible
Ratio Decidendi
The proposed additional grounds of appeal were refused as they were submitted too late without good reason, and the matters raised did not constitute arguable points of law of general importance warranting consideration by the Supreme Court.
Court Disposition
leave to appeal refused
Orders
- Leave to appeal to the Supreme Court is refused.
Full Case Text
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