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Civil liability [2026] CSOH 8

Mark Hirst against The Chief Constable Police Service of Scotland and others (Court of Session)

Mark Hirst against The Chief Constable Police Service of Scotland and others (Court of Session) [2026] CSOH 8 (05 February 2026)

The Court of Session dismissed a malicious prosecution action against police and prosecutors, but held section 170 of the 1995 Act incompatible with Article 6 ECHR.

  • Malicious prosecution
  • Police liability
  • Prosecutorial immunity
  • Article 6 echr
  • Section 170 criminal procedure (scotland) act 1995
  • Freedom of expression
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Criminal law [2025] HJAC 44

Appeal in terms of section 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 by Ryan Shields against HMA (High Court of Justiciary)

Appeal in terms of section 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 by Ryan Shields against HMA (High Court of Justiciary) [2025] HJAC 44 (14 September 2025)

The Appeal Court quashed breach findings and a 9-month sentence after holding that the sheriff’s procedure was unfair and should have involved a proof.

  • Supervised release order
  • Breach of conditions
  • Procedural fairness
  • Unrepresented accused
  • Sentence appeal
  • Supervised-release-order
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Criminal law [2025] HCJAC 49

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995 by J K-P against His Majesty's Advocate (High Court of Justiciary)

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995 by J K-P against His Majesty's Advocate (High Court of Justiciary) [2025] HCJAC 49 (02 July 2025)

The High Court of Justiciary refused an appeal challenging whether police had lawfully taken the appellant from work to his home and searched his phone.

  • Admissibility of evidence
  • Search and seizure
  • Suspect rights
  • De facto custody
  • Indecent images
  • De-facto-custody
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Criminal law [2025] HCJA 50

Brian McElwain v HMA (High Court of Justiciary)

Brian McElwain v HMA (High Court of Justiciary) [2025] HCJA 50 (20 March 2025)

The court allowed an appeal against conviction, holding that a sheriff could not proceed with a jury trial entirely in the accused’s absence under section 92(2).

  • Trial in absence
  • Miscarriage of justice
  • Section 92 criminal procedure (scotland) act 1995
  • Jury trial
  • Solemn proceedings
  • Trial-in-absence
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Extradition law [2025] SCEDI 003

Respondent's motion for an order under the Extradition Act 2003 in causa the Lord Advocate against Damian Zygmunt (Sheriff Court Civil)

Respondent's motion for an order under the Extradition Act 2003 in causa the Lord Advocate against Damian Zygmunt (Sheriff Court Civil) [2025] SCEDI 003 (06 February 2025)

A sheriff awarded a discharged requested person full expenses under section 61 of the Extradition Act 2003, accepting a £3,000 fixed-fee solicitor’s bill.

  • Award of expenses after discharge in extradition
  • Interpretation of extradition act 2003 section 61
  • Fixed-fee legal costs
  • Discretion in awarding costs
  • Extradition-costs
  • Expenses-awards
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Delict [2024] CSOH 109

Brian MacGregor against Iain Livingstone QPM, Chief Constable (Court of Session)

Brian MacGregor against Iain Livingstone QPM, Chief Constable (Court of Session) [2024] CSOH 109 (13 December 2024)

The Court of Session held that a pursuer’s malicious-reporting claim against the chief constable was relevant enough to proceed to proof before answer.

  • Malicious prosecution
  • Reasonable and probable cause
  • Malice
  • Suppression of evidence
  • Police duties in reporting crime
  • Specification of pleadings
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Contempt of court [2024] ScotCS CSIH_8

RECLAIMING MOTION BY THE PRESIDING CORONER OF NORTHERN IRELAND AGAINST SOLDIER F

RECLAIMING MOTION BY THE PRESIDING CORONER OF NORTHERN IRELAND AGAINST SOLDIER F [2024] ScotCS CSIH_8 (24 April 2024)

The Inner House allowed Soldier F’s reclaiming motion, quashed a six-month custodial contempt sentence, and substituted a £5,000 fine.

  • Sentencing for contempt
  • Mitigation in contempt
  • Mental health and sentencing
  • Public interest immunity
  • Echr articles 2 and 3
  • Contempt-of-court
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Criminal law [2023] ScotHC HCJAC_27

APPEAL BY RAMEL KRISTIAN BLAKE APPLEBY AGAINST HMA

APPEAL BY RAMEL KRISTIAN BLAKE APPLEBY AGAINST HMA [2023] ScotHC HCJAC_27 (26 July 2023)

The Appeal Court upheld an extension of the 12-month time bar after a Crown administrative error delayed transfer of the appellant from England for trial.

  • Extension of time bar
  • Trial adjournment
  • Administrative error
  • Public interest
  • Prejudice to accused
  • Criminal-procedure
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Criminal law [2023] ScotHC HCJAC_16

APPEAL BY BARRY McLEAN AGAINST HMA

APPEAL BY BARRY McLEAN AGAINST HMA [2023] ScotHC HCJAC_16 (26 May 2023)

The court held that a suspect searched at home was not entitled to legal advice before giving a PIN for a phone. The appeal against admissibility was refused.

  • Right to legal advice
  • Admissibility of evidence
  • Search warrants
  • Self-incrimination
  • Criminal-procedure
  • Search-warrants
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Criminal law [2023] ScotHC HCJAC_20

NOTE OF APPEAL BY HMA AGAINST JM

NOTE OF APPEAL BY HMA AGAINST JM [2023] ScotHC HCJAC_20 (24 May 2023)

The court held that an email stating there were to be no further proceedings was a clear and unequivocal renunciation of prosecution, so the appeal was refused.

  • Renunciation of prosecution
  • Crown's right to prosecute
  • Effect of official communications
  • Procedural bar to trial
  • Criminal-procedure
  • Renunciation-of-prosecution
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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.