Thompson v Procurator Fiscal Glasgow [2012] ScotHC HCJAC_27 (15 February 2012)

Thompson v Procurator Fiscal Glasgow [2012] ScotHC HCJAC_27 (15 February 2012)

The Crown failed to give express notice in the libel that the assault was considered indecent, thereby infringing the appellant's article 6 ECHR rights. Therefore, paragraph 40 of Schedule 3 to the Sexual Offences Act 2003 does not apply.

Source-derived case information.

Citation
[2012] ScotHC HCJAC_27
Parties
Appellant: Stuart Thompson; Respondent: Procurator Fiscal, Glasgow
Jurisdiction
Scotland
Judgment Date
15 February 2012
Procedural Posture
Criminal Appeal / Appeal Against Sheriff's Decision on Notification Requirements Under Sexual Offences Act 2003
Outcome
appeal allowed
Legal Topics
Indecent Assault, Notification Requirements, Sexual Offences Act 2003, Fair Trial Rights, Article 6 ECHR
Criminal Law Human Rights Law Indecent Assault Notification Requirements Sexual Offences Act 2003 Fair Trial Rights Article 6 ECHR

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stuart Thompson

Appellant

Procurator Fiscal, Glasgow

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sheriff's Decision on Notification Requirements Under Sexual Offences Act 2003

Legal Issues

  1. 1 Whether the sheriff erred in holding that the appellant's behaviour had a significant sexual aspect
  2. 2 Whether the Crown failed to give fair notice that the offence was considered indecent assault, infringing article 6 ECHR
  3. 3 Whether paragraph 40 of Schedule 3 to the Sexual Offences Act 2003 applies

Ratio Decidendi

The Crown failed to give express notice in the libel that the assault was considered indecent, thereby infringing the appellant's article 6 ECHR rights. Therefore, paragraph 40 of Schedule 3 to the Sexual Offences Act 2003 does not apply.

Court Disposition

appeal allowed

Orders

  • quash the registration of the appellant under the 2003 Act
  • return the case to the sheriff to decide on the sentence