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Criminal law [2024] SACCRIM 9

Bill of Suspension by Thomas Kitson against PF Stirling (Sheriff Appeal Court Criminal)

Bill of Suspension by Thomas Kitson against PF Stirling (Sheriff Appeal Court Criminal) [2024] SACCRIM 9 (20 August 2024)

The Sheriff Appeal Court held that only the court which made a restriction of liberty order may hear breach proceedings. The sheriff court’s later orders were incompetent.

  • Restriction of liberty order
  • Breach of sentence
  • Jurisdiction
  • Competency of proceedings
  • Restriction-of-liberty-order
  • Breach-of-sentence
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Criminal law [2022] ScotHC HCJAC_5

PETITION TO THE NOBILE OFFICIUM BY CRAIG MURRAY AGAINST HMA

PETITION TO THE NOBILE OFFICIUM BY CRAIG MURRAY AGAINST HMA [2022] ScotHC HCJAC_5 (20 January 2022)

The court held that Craig Murray’s petition to the nobile officium was competent and could proceed on all grounds, including mixed Convention and non-Convention issues.

  • Contempt of court
  • Nobile officium
  • Appeal rights
  • Compatibility issues
  • European convention on human rights
  • Article 6 echr
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Criminal law [2018] ScotHC HCJAC_1

KW, APPEAL AGAINST CONVICTION BY AGAINST HER MAJESTY'S ADVOCATE

KW, APPEAL AGAINST CONVICTION BY AGAINST HER MAJESTY'S ADVOCATE [2018] ScotHC HCJAC_1 (09 January 2018)

The appeal was refused after the court found the grounds of appeal rested on factual misstatements about the Crown speech, defence speech, and jury directions.

  • Misstatement in jury address
  • Moorov doctrine
  • Professional responsibility of counsel
  • Withdrawal of charges
  • Corroboration
  • Article 6 echr
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Criminal law [2015] ScotHC HCJAC_116

Glass v HM Advocate

Glass v HM Advocate [2015] ScotHC HCJAC_116 (24 November 2015)

An application to extend time to lodge a note of appeal against conviction was refused because the delay was extreme, the explanation was inadequate, and the proposed ground lacked detail.

  • Extension of time
  • Appeal against conviction
  • Defective legal representation
  • Misdirection by trial judge
  • Extension-of-time
  • Appeal-against-conviction
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Criminal law [2015] ScotHC HCJAC_36

GORDON v PROCURATOR FISCAL ABERDEEN

GORDON v PROCURATOR FISCAL ABERDEEN [2015] ScotHC HCJAC_36 (23 April 2015)

The Appeal Court refused an application to amend a stated case in a summary criminal appeal, holding that amendment was competent only at the hearing stage under the statutory scheme.

  • Amendment of stated case
  • Summary appeals
  • Legal aid
  • Bias
  • Human rights (article 6 echr)
  • Criminal-procedure
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Criminal law [2014] ScotHC HCJAC_17

S.D. v. HER MAJESTY'S ADVOCATE

S.D. v. HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_17 (30 January 2014)

The appeal failed: the court held that counsel’s decision not to pursue medical evidence about penis size was a reasonable tactical choice, not defective representation.

  • Defective legal representation
  • Sexual offences
  • Expert evidence
  • Right to fair trial
  • Defective-representation
  • Criminal-appeal
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Criminal law [2014] ScotHC HCJAC_15

PETITION OF LEANNE MARTIN TO THE NOBILE OFFICIUM OF THE HIGH COURT OF JUSTICIARY

PETITION OF LEANNE MARTIN TO THE NOBILE OFFICIUM OF THE HIGH COURT OF JUSTICIARY [2014] ScotHC HCJAC_15 (12 December 2013)

The High Court set aside a contempt finding and 12-month sentence because the sheriff did not follow required procedural safeguards before holding the witness in contempt.

  • Procedural safeguards in contempt proceedings
  • Right to legal representation
  • Prevarication by witness
  • Setting aside contempt findings
  • Contempt-of-court
  • Criminal-procedure
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Criminal law [2012] ScotHC HCJAC_123

Toal v HM Advocate

Toal v HM Advocate [2012] ScotHC HCJAC_123 (20 September 2012)

The appeal court refused Sean Toal’s conviction appeal for murder, holding the evidence was sufficient and the alleged trial defects caused no miscarriage of justice.

  • Murder
  • Identification evidence
  • Disclosure obligations
  • Right to legal advice
  • Jury directions
  • Fresh evidence
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Criminal law [2012] ScotHC HCJAC_101

Hamid v Procurator Fiscal, Glasgow

Hamid v Procurator Fiscal, Glasgow [2012] ScotHC HCJAC_101 (26 June 2012)

The Appeal Court refused a petition to the nobile officium after a missed appeal diet, holding there was no satisfactory explanation or basis for extraordinary relief.

  • Nobile officium
  • Bail conditions
  • Domicile of citation
  • Procedural default
  • Nobile-officium
  • Bail-conditions
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Criminal law [2012] ScotHC HCJAC_88

Telford v HM Advocate

Telford v HM Advocate [2012] ScotHC HCJAC_88 (26 April 2012)

The court refused leave to appeal to the Supreme Court, holding that it had not determined any devolution issue and that the application was late and unsupported.

  • Murder
  • Plea of guilty
  • Withdrawal of plea
  • Devolution issues
  • Notice of charge
  • Professional conduct
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About this LexChat collection

Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.