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Scotland Case Law

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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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Criminal law [2026] SACCRIM 5

Appeal by Stated Case against Conviction by M S against Procurator Fiscal, Edinburgh (Sheriff Appeal Court Criminal)

Appeal by Stated Case against Conviction by M S against Procurator Fiscal, Edinburgh (Sheriff Appeal Court Criminal) [2026] SACCRIM 5 (24 February 2026)

The Sheriff Appeal Court held that medical evidence was insufficient to justify admitting a complainer’s prior statement under section 259, but refused the appeal because there was no miscarriage of justice.

  • Admissibility of hearsay evidence
  • Vulnerable witness
  • Domestic abuse
  • Miscarriage of justice
  • Hearsay-evidence
  • Vulnerable-witnesses
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Family law [2026] SCAIR 30

AJ against CF and another (Sheriff Court Civil)

AJ against CF and another (Sheriff Court Civil) [2026] SCAIR 30 (20 February 2026)

A Scottish sheriff ordered residence with the mother and only indirect contact by letters/cards for the grandmother and father, finding direct contact contrary to the child’s welfare.

  • Child residence
  • Child contact
  • Parental responsibilities and rights
  • Domestic abuse
  • Indirect contact
  • Best interests of the child
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Criminal law [2026] SACCRIM 3

Appeal by Stated Case against Conviction by MXG against Procurator Fiscal, Edinburgh (Sheriff Appeal Court Criminal)

Appeal by Stated Case against Conviction by MXG against Procurator Fiscal, Edinburgh (Sheriff Appeal Court Criminal) [2026] SACCRIM 3 (30 January 2026)

The Sheriff Appeal Court refused an appeal against an assault conviction, holding that a witness’s account of the complainer’s distressed statement could be treated as de recenti evidence.

  • De recenti statements
  • Corroboration
  • Admissibility of hearsay
  • Mutual corroboration
  • Assault
  • Domestic abuse
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Criminal law [2026] HCJAC 3

Crown Appeal Against Sentence by His Majesty's Advocate against Michael Patrick Harvey (High Court of Justiciary)

Crown Appeal Against Sentence by His Majesty's Advocate against Michael Patrick Harvey (High Court of Justiciary) [2026] HCJAC 3 (22 January 2026)

The Appeal Court refused a Crown appeal against a 9-year sentence for attempted murder and domestic abuse, and held that an extended sentence was not required.

  • Sentencing
  • Attempted murder
  • Domestic abuse
  • Appeal against sentence
  • Extended sentence
  • Appeal-against-sentence
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Family law [2026] SCDUN 26

G against H (Sheriff Court Civil)

G against H (Sheriff Court Civil) [2026] SCDUN 26 (14 January 2026)

Sheriff Murray granted residence of a child to the pursuer and refused the defender’s request for contact, citing abuse, welfare concerns, and limited weight to the child’s views.

  • Child residence
  • Child contact
  • Domestic abuse
  • Parental rights and responsibilities
  • Best interests of the child
  • Child-residence
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Family law [2026] SCFOR 7

SM against JD (Sheriff Court Civil)

SM against JD (Sheriff Court Civil) [2026] SCFOR 7 (24 November 2025)

The sheriff refused a father's request for direct contact with his son, finding the child's opposition genuine, independent and consistent with his welfare.

  • Child contact
  • Parental responsibilities and rights
  • Domestic abuse
  • Welfare of the child
  • Non-harassment order
  • Child-contact
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Criminal law [2025] HCJAC 51

Crown Appeal Against Sentence by His Majesty's Advocate against STP (High Court of Justiciary)

Crown Appeal Against Sentence by His Majesty's Advocate against STP (High Court of Justiciary) [2025] HCJAC 51 (18 November 2025)

The High Court allowed a Crown appeal against sentence, holding that the original extended sentence for attempted murder and related offences was unduly lenient.

  • Sentencing
  • Attempted murder
  • Domestic abuse
  • Remand credit
  • Electronic monitoring
  • Extended sentence
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Family law [2026] SCPER 15

SA against LT (Sheriff Court Civil)

SA against LT (Sheriff Court Civil) [2026] SCPER 15 (04 November 2025)

Sheriff McKay refused contact between a father and his two sons, declined to deprive him of parental rights, and refused to change the children’s surname.

  • Contact orders
  • Parental rights and responsibilities
  • Child welfare
  • Domestic abuse
  • Best interests of the child
  • Child-contact
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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.