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Scotland Case Law

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Criminal law [2024] ScotHC HCJAC_18

BILL OF ADVOCATION BY MACKENZIE FRED ANDREW HORNER AGAINST HMA

BILL OF ADVOCATION BY MACKENZIE FRED ANDREW HORNER AGAINST HMA [2024] ScotHC HCJAC_18 (02 May 2024)

The court held that notification under the Sexual Offences Act 2003 follows automatically from conviction and that no interim notification order was competent.

  • Notification requirements
  • Indecent images of children
  • Procedural irregularity
  • Certification under sexual offences act 2003
  • Sexual-offences-act-2003
  • Notification-requirements
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Criminal law [2018] ScotHC HCJAC_72

DOHERTY, THE REFERENCE FROM THE SCOTTISH CRIMINAL CASES REVIEW COMMISSION BY JOHN DOHERTY AGAINST HER MAJESTY'S ADVOCATE

DOHERTY, THE REFERENCE FROM THE SCOTTISH CRIMINAL CASES REVIEW COMMISSION BY JOHN DOHERTY AGAINST HER MAJESTY'S ADVOCATE [2018] ScotHC HCJAC_72 (20 November 2018)

The High Court of Justiciary Appeal Court refused a challenge to an extended sentence for possession and distribution of indecent images, finding the public-risk test was met.

  • Extended sentence
  • Indecent images of children
  • Risk assessment
  • Distribution of indecent images
  • Sentencing guidelines
  • Extended-sentence
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Criminal law [2017] ScotHC HCJAC_2

Wood & Ors v HM Advocate

Wood & Ors v HM Advocate [2017] ScotHC HCJAC_2 (17 January 2017)

The Appeal Court quashed extended sentences imposed for indecent images offences, holding the section 210A test was not met, but upheld the custodial terms.

  • Sentencing
  • Indecent images of children
  • Extended sentences
  • Community payback orders
  • Sexual offences
  • Indecent-images-of-children
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Criminal law [2005] ScotHC HCJAC_48

Kay v. Her Majesty's Advocate

Kay v. Her Majesty's Advocate [2005] ScotHC HCJAC_48 (15 April 2005)

The Appeal Court partly allowed a sentence appeal for indecent image offences, reducing an extended sentence by cutting the extension period from 30 months to 12 months.

  • Sentencing
  • Indecent images of children
  • Extended sentence
  • Civic government (scotland) act 1982
  • Indecent-images-of-children
  • Extended-sentence
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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.