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Scotland Case Law

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Administrative law

RA against Scottish Social Services Council

The sheriff refused a statutory appeal against a fitness to practise decision, holding that adjournment and absence complaints failed, and that evidential errors did not vitiate the result.

  • Fitness to practise
  • Adjournment
  • Hearing in absence
  • Witness evidence
  • Reasons for decision
  • Fair hearing
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Criminal law [2024] HCJAC 45

Note of Appeal against Conviction by by Daniel Alexander Robertson (High Court of Justiciary)

Note of Appeal against Conviction by by Daniel Alexander Robertson (High Court of Justiciary) [2024] HCJAC 45 (23 October 2024)

The Appeal Court refused an appeal against conviction for rape, holding that the trial judge acted within her discretion in refusing further adjournments or desertion.

  • Rape
  • Vulnerable accused
  • Trial procedure
  • Adjournment
  • Fair trial
  • Special measures
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Criminal law [2022] ScotHC HCJAC_36

BILL OF ADVOCATION BY CONNIE LEE GRAHAM AGAINST HIS MAJESTY'S ADVOCATE

BILL OF ADVOCATION BY CONNIE LEE GRAHAM AGAINST HIS MAJESTY'S ADVOCATE [2022] ScotHC HCJAC_36 (14 September 2022)

The Appeal Court held that a summary sheriff could competently continue a sentencing diet and make related procedural decisions under section 45 of the Courts Reform (Scotland) Act 2014.

  • Summary sheriff powers
  • Bail
  • Adjournment of diets
  • Solemn proceedings
  • Criminal-procedure
  • Adjournment
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Immigration law [2022] ScotCS CSIH_14

WALEED IL SHITANI (AP) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT

WALEED IL SHITANI (AP) AGAINST SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] ScotCS CSIH_14 (09 March 2022)

The Inner House refused an asylum appellant’s challenge to the Upper Tribunal’s refusal of permission to appeal, finding no arguable error of law or real prospect of success.

  • Asylum
  • Judicial review
  • Permission to appeal
  • Credibility assessment
  • Adjournment
  • Fresh claim
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Professional regulation [2021] ScotCS CSIH_54

APPEAL BY JAMES CRAIGIE TANNAHIL THOMSON AGAINST THE ARCHITECT REGISTRATION BOARD

APPEAL BY JAMES CRAIGIE TANNAHIL THOMSON AGAINST THE ARCHITECT REGISTRATION BOARD [2021] ScotCS CSIH_54 (08 October 2021)

The Inner House refused an architect’s appeal against erasure, holding that proceeding in his absence was fair and the sanction was not excessive.

  • Unacceptable professional conduct
  • Fair hearing
  • Sanctions
  • Adjournment
  • Procedural fairness
  • Architects-act-1997
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Criminal law [2015] ScotHC HCJAC_124

Potts v HM Advocate

Potts v HM Advocate [2015] ScotHC HCJAC_124 (10 December 2015)

The Appeal Court refused a Crown extension of the 12-month time limit, holding that the delay arose from an avoidable breakdown in procurator fiscal administration.

  • Extension of time limits
  • Prosecutorial error
  • Adjournment of trial
  • Disclosure obligations
  • Criminal-procedure
  • Time-limits
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Criminal law [2014] ScotHC HCJAC_91

IN APPEAL BY I.M. AGAINST HMA

IN APPEAL BY I.M. AGAINST HMA [2014] ScotHC HCJAC_91 (19 August 2014)

The court refused an appeal against extending the 12-month time bar after an essential Crown witness failed to attend because of a misunderstanding over electronic citation.

  • Extension of time bar
  • Adjournment
  • Electronic citation
  • Bail conditions
  • Criminal-procedure
  • Time-bar-extension
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Criminal law [2014] ScotHC HCJAC_46

BILAL URUK v. HER MAJESTY'S ADVOCATE

BILAL URUK v. HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_46 (28 February 2014)

The Appeal Court refused Bilal Uruk’s appeal against an extension of the time bar, holding the sheriff was entitled to find sufficient cause in the circumstances.

  • Extension of time bar
  • Pressure of business
  • Right to trial within reasonable time
  • Criminal-procedure
  • Time-bar
  • Adjournment
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Criminal law [2012] ScotHC HCJAC_7

Chilcot v Procurator Fiscal, Stonehaven

Chilcot v Procurator Fiscal, Stonehaven [2012] ScotHC HCJAC_7 (17 January 2012)

The court held that a summary prosecution need not always be cited before it can competently proceed, and refused the appeal as timeous commencement was established.

  • Summary prosecution
  • Time bar
  • Commencement of proceedings
  • Citation
  • Adjournment
  • Summary-prosecution
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Criminal law [2011] ScotHC HCJAC_56

McSporran v HM Advocate

McSporran v HM Advocate [2011] ScotHC HCJAC_56 (10 June 2011)

The court held that a sentencing adjournment for a proof in mitigation was at common law, not under section 201 of the 1995 Act, so the sentence was competent.

  • Sentencing
  • Adjournment
  • Competency of proceedings
  • Misuse of drugs
  • Criminal-sentencing
  • Criminal-procedure
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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.