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Scotland Case Law

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Criminal law [2016] ScotHC HCJAC_99

Scottish Power Generation Ltd v HM Advocate

Scottish Power Generation Ltd v HM Advocate [2016] ScotHC HCJAC_99 (03 November 2016)

Appeal court reduced a health and safety fine, holding the English Sentencing Council guideline could be used as a cross-check, not mechanically applied.

  • Sentencing
  • Corporate liability
  • Health and safety offences
  • Fines
  • Sentencing guidelines
  • Health-and-safety-offences
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Criminal law [2000] ScotHC 33

NOTE OF APPEAL UNDER SECTION 74 OF THE CRIMINAL PROCEDUR (SCOTLAND) ACT 1995 BY CRUMMOCK (SCOTLAND) LIMITED v. HER MAJESTY'S ADVOCATE

NOTE OF APPEAL UNDER SECTION 74 OF THE CRIMINAL PROCEDUR (SCOTLAND) ACT 1995 BY CRUMMOCK (SCOTLAND) LIMITED v. HER MAJESTY'S ADVOCATE [2000] ScotHC 33 (16th March, 2000)

The delay, though lengthy, was justified by the complexity of the case and did not contravene Article 6(1) ECHR; a jury drawn from the area would be sufficiently independent and impartial due to random selection and existing safeguards.

  • Right to fair trial
  • Reasonable time for trial
  • Independence and impartiality of tribunal
  • Health and safety offences
  • Jury impartiality
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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.