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Criminal law [2023] ScotHC HCJAC_9

APPEAL BY PHILIP MICHAEL BARR AGAINST HMA

APPEAL BY PHILIP MICHAEL BARR AGAINST HMA [2023] ScotHC HCJAC_9 (28 July 2022)

The High Court refused an appeal against extension of the section 65 time bar, holding that the complainer’s non-appearance amounted to sufficient cause.

  • Extension of statutory time limits
  • Domestic abuse
  • Trial procedure
  • Witness attendance
  • Public interest vs accused's rights
  • Criminal-procedure-time-limits
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Criminal law [2018] ScotHC HCJAC_24

GB, APPEAL UNDER SECTION 65 BY AGAINST HER MAJESTY'S ADVOCATE

GB, APPEAL UNDER SECTION 65 BY AGAINST HER MAJESTY'S ADVOCATE [2018] ScotHC HCJAC_24 (09 March 2018)

The Appeal Court upheld a sheriff’s extension of the statutory time limit under section 65 after an administrative error delayed a vulnerable witness notice.

  • Extension of statutory time limits
  • Vulnerable witness procedures
  • Judicial discretion
  • Administrative error
  • Criminal-procedure
  • Statutory-time-limits
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Criminal law [2016] ScotHC HCJAC_108

Holland & Anor v HM Advocate

Holland & Anor v HM Advocate [2016] ScotHC HCJAC_108 (22 November 2016)

The appeal court refused three criminal appeals against extensions of the statutory time bar, holding that the sheriff had properly exercised discretion amid scheduling pressures.

  • Extension of statutory time limits
  • Adjournment of trial diets
  • Judicial discretion
  • Article 6 echr (right to a fair trial)
  • Systemic delay
  • Criminal-procedure
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Criminal law [2015] ScotHC HCJAC_97

McL v HM Advocate

McL v HM Advocate [2015] ScotHC HCJAC_97 (30 October 2015)

Appeal against extension of criminal time limits was refused. The court held that new corroborative evidence justified the extension and no Crown fault was shown.

  • Extension of statutory time limits
  • Historic sexual offences
  • Mutual corroboration
  • Prosecutorial discretion
  • Right to trial within reasonable time
  • Criminal-procedure
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Criminal law [2014] ScotHC HCJAC_47

CROWN APPEAL BY HER MAJESTY'S ADVOCE v. M.S.W.

CROWN APPEAL BY HER MAJESTY'S ADVOCE v. M.S.W. [2014] ScotHC HCJAC_47 (27 January 2014)

The Appeal Court reversed a refusal to extend the time bar after adjourning a sexual-offence trial, holding the sheriff’s decisions were inconsistent.

  • Extension of statutory time limits
  • Adjournment of trial
  • Vulnerable witness applications
  • Section 275 applications
  • Judicial discretion
  • Criminal-procedure
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Criminal law [2010] ScotHC HCJAC_12

HM Advocate v Caldwell & Anor

HM Advocate v Caldwell & Anor [2010] ScotHC HCJAC_12 (22 January 2010)

The Appeal Court of the High Court of Justiciary refused the Crown’s Bill of Advocation, holding that the Crown’s delay after an earlier decision could not be excused.

  • Extension of statutory time limits
  • Dismissal of indictment
  • Prosecutorial delay
  • Judicial discretion
  • Criminal-procedure
  • Statutory-time-limits
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Family law [2007] ScotSC 3

Lindsay v. Rattray

Lindsay v. Rattray [2007] ScotSC 3 (17 January 2007)

Appeal in divorce financial provision upheld; the court extended time for a capital sum order, corrected the treatment of partnership debts, and awarded £19,930.63.

  • Financial provision on divorce
  • Extension of statutory time limits
  • Inherent jurisdiction of the court
  • Calculation of matrimonial property
  • Division of matrimonial assets
  • Financial-provision-on-divorce
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Administrative law [2006] ScotSC 23

Edinburgh Council v. Salteri

Edinburgh Council v. Salteri [2006] ScotSC 23 (24 March 2006)

The Sheriff Principal held the appeal competent but refused it, upholding the sheriff’s refusal to extend time for determination of a taxi licence application.

  • Licensing authority powers
  • Extension of statutory time limits
  • Competency of appeal
  • Statutory interpretation
  • Licensing-law
  • Statutory-time-limits
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Administrative law [2005] ScotSC 44

Edinburgh v. 3maxblack Llp

Edinburgh v. 3maxblack Llp [2005] ScotSC 44 (27 July 2005)

Sheriff Court decision extending time for Edinburgh Council to decide taxi licence applications while awaiting an independent demand survey.

  • Taxi licensing
  • Extension of statutory time limits
  • Judicial review of administrative action
  • Statutory interpretation
  • Taxi-licensing
  • Statutory-time-extension
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Criminal law [2005] ScotHC HCJAC_76

Scott Ewen+William Smart+John Ferrier v. Her Majesty's Advocate

Scott Ewen+William Smart+John Ferrier v. Her Majesty's Advocate [2005] ScotHC HCJAC_76 (05 July 2005)

Appeal Court held that no sufficient cause was shown to extend the 12-month trial limit under section 65 of the 1995 Act and allowed the appeals.

  • Extension of statutory time limits
  • Right to trial within a reasonable time
  • Judicial discretion
  • Cause shown for extension
  • Criminal-procedure
  • Statutory-time-limits
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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.