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Scotland decisions
Decisions matching the current search
NOTE OF APPEAL BY CAROL McCRONE AGAINST HMA [2024] ScotHC HCJAC_5 (17 February 2023)
The Appeal Court held that traffic officers lawfully stopped the appellant’s car under road traffic powers, and that the later drugs detention was lawful. The appeal was refused.
APPEAL AGAINST CONVICTION BY NATALIE McGARRY [2022] ScotHC HCJAC_18 (16 May 2022)
The Appeal Court of the High Court of Justiciary allowed Natalie McGarry’s appeal, holding that her guilty pleas were tendered in clearly prejudicial circumstances.
APPEAL BY HMA AGAINST JONATHAN RICHARD PORTER [2023] ScotHC HCJAC_26 (10 December 2021)
The Appeal Court allowed the Crown’s appeal after finding that an incorrectly described anonymous witness could be identified and that the defect was curable by amendment.
BILL OF ADVOCATION BY JAMES RUSSELL AGAINST HER MAJESTY'S ADVOCATE [2021] ScotHC HCJAC_24 (24 March 2021)
The High Court held that a sheriff may review a refused bail decision after an unsuccessful appeal, unless the appeal court substituted its own bail decision.
HER MAJESTY'S ADVOCATE, APPEAL BY AGAINST AD [2018] ScotHC HCJAC_2 (09 January 2018)
The Appeal Court held that time-barred sexual offence allegations could be placed in a docket for evidential purposes, despite section 65, and allowed the Crown appeal.
BK, APPEAL AGAINST CONVICTION BY v HER MAJESTY'S ADVOCATE [2017] ScotHC HCJAC_68 (13 September 2017))
The appeal court allowed BK’s appeal against conviction, holding that defective representation denied him a fair trial by failing to present a key defence and obtain supporting records.
Whitehouse & Anor v HM Advocate [2017] ScotHC HCJAC_46 (22 June 2017)
The Appeal Court refused appeals against a three-month extension of time limits for a complex Rangers-related prosecution under section 65 of the 1995 Act.
JPB v HM Advocate [2017] ScotHC HCJAC_28 (19 May 2017)
The Appeal Court upheld an extension of the statutory time bar in a criminal case, holding that the trial judge had properly exercised discretion despite delays in citing a complainer.
RW v HM Advocate [2017] ScotHC HCJAC_17 (20 March 2017)
The Appeal Court set aside a sheriff’s ex proprio motu adjournment and time-bar extension, saying the full case history and delay caused by the Crown were not properly weighed.
Bennett McGuire v HM Advocate [2016] ScotHC HCJAC_113 (23 November 2016)
The Appeal Court upheld a prosecution time extension, holding there was sufficient reason due to extensive forensic work and that the judge properly exercised discretion.
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