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Criminal-law

CS v His Majesty’s Advocate

Appeal against conviction and 11-year sentence refused. The court held that proposed sexual-history evidence would not have shown a miscarriage of justice and that the sentence was not excessive.

  • Credibility-and-reliability-of-complainers
  • Section-275-application
  • Miscarriage-of-justice
  • Sentence-excessiveness
  • Mutual-corroboration
  • Sexual-offences
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Criminal-law [2026] HCJAC 16

Solemn Appeal against Sentence by (First) Alan Robert Hush, (Second) Gavin Gerard Cox, (Third) Adam Paul Sharoudi and (Fourth) Gavin John Brown against His Majesty's Advocate (High Court of Justiciary)

Solemn Appeal against Sentence by (First) Alan Robert Hush, (Second) Gavin Gerard Cox, (Third) Adam Paul Sharoudi and (Fourth) Gavin John Brown against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 16 (20 May 2026)

The Appeal Court held that consecutive sentences for related corruption, bribery and fraud offences were excessive and substituted concurrent terms for all four appellants.

  • Bribery
  • Corruption
  • Fraud
  • Proceeds-of-crime
  • Sentencing
  • Concurrent-and-consecutive-sentences
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Extradition-law [2026] HCJAC 15

Application for leave to appeal under section 26 of the Extradition Act 2003 by Krzysztof Romanik against The Lord Advocate for the Polish Judicial Authority (High Court of Justiciary)

Application for leave to appeal under section 26 of the Extradition Act 2003 by Krzysztof Romanik against The Lord Advocate for the Polish Judicial Authority (High Court of Justiciary) [2026] HCJAC 15 (06 May 2026)

Leave to appeal against extradition to Poland was refused. The court rejected arguments based on section 21A, mental health under section 25, and Article 8 ECHR.

  • Extradition
  • Article-8-echr
  • Mental-health-and-extradition
  • Proportionality
  • Unjust-or-oppressive-extradition
  • Passage-of-time-in-extradition
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Criminal-law [2026] SCGLA 59

The Procurator Fiscal, Glasgow against Rose Docherty (Sheriff Court Criminal)

The Procurator Fiscal, Glasgow against Rose Docherty (Sheriff Court Criminal) [2026] SCGLA 59 (29 April 2026)

The sheriff held that charges under Scotland’s safe access zones law were irrelevant because they omitted essential facts about another person’s presence and purpose.

  • Safe-access-zones
  • Abortion-services
  • Freedom-of-expression
  • Criminal-procedure
  • Statutory-offences
  • Echr-article-10
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Criminal-law [2026] HCJAC 14

Appeal against Sentence by Brandon Stephen McLachlan against His Majesty's Advocate (High Court of Justiciary)

Appeal against Sentence by Brandon Stephen McLachlan against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 14 (28 April 2026)

The High Court of Justiciary Appeal Court refused Brandon Stephen McLachlan’s sentence appeal, holding that an 18-year-6-month punishment part for murder was severe but not excessive.

  • Sentencing
  • Murder
  • Punishment-part
  • Young-offenders
  • Bail-aggravation
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Criminal-law [2026] HCJAC 13

Appeal against Conviction by Patrick David McGrow against His Majesty's Advocate (High Court of Justiciary)

Appeal against Conviction by Patrick David McGrow against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 13 (14 April 2026)

The Appeal Court upheld Patrick David McGrow’s conviction for attempted murder, holding there was no evidential basis for self-defence to go to the jury.

  • Self-defence
  • Jury-directions
  • Attempted-murder
  • Misdirection
  • Appeal-procedure
  • Appeal-against-conviction
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Criminal-law [2026] SACCRIM 8

MH against Procurator Fiscal, Glasgow (Sheriff Appeal Court Criminal)

MH against Procurator Fiscal, Glasgow (Sheriff Appeal Court Criminal) [2026] SACCRIM 8 (02 April 2026)

The Sheriff Appeal Court refused an appeal against refusal to vary a non-harassment order to permit contact with a child, holding there was no material change of circumstances.

  • Non-harassment-orders
  • Domestic-abuse
  • Contact-with-children
  • Article-8-echr
  • Uncrc-compliance
  • Variation-of-orders
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Criminal-law [2026] HCJAC 11

Appeal against Conviction and Sentence by Sean Kirkup against His Majesty's Advocate (High Court of Justiciary)

Appeal against Conviction and Sentence by Sean Kirkup against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 11 (27 March 2026)

The appeal court upheld Sean Kirkup’s conviction and 6-year extended sentence, ruling that exclusion of BDSM and safe-word evidence did not make the trial unfair.

  • Sexual-offences
  • Domestic-abuse
  • Consent-in-sexual-offences
  • Admissibility-of-evidence
  • Fair-trial-rights
  • Sentencing
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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.