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Criminal law [2022] ScotHC HCJAC_38

JB AGAINST HER MAJESTY'S ADVOCATE

JB AGAINST HER MAJESTY'S ADVOCATE [2022] ScotHC HCJAC_38 (28 September 2022)

Appeal against conviction refused. The court held that delay in proceeding did not make the trial unfair, and JB’s hearsay evidence was admissible with safeguards.

  • Unreasonable delay
  • Admission of hearsay evidence
  • Section 259 criminal procedure (scotland) act 1995
  • Fair trial
  • Corroboration
  • Mutual corroboration
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Criminal law [2018] ScotHC HCJAC_69

GRAHAM, APPEAL AGAINST CONVICTION AND SENTENCE BY RYAN GRAHAM AGAINST HER MAJESTY'S ADVOCATE

GRAHAM, APPEAL AGAINST CONVICTION AND SENTENCE BY RYAN GRAHAM AGAINST HER MAJESTY'S ADVOCATE [2018] ScotHC HCJAC_69 (15 November 2018)

Appeal against conviction and sentence involving hearsay from a deceased complainer, Article 6 fairness, and sexual offence charges. Appeal refused.

  • Hearsay evidence
  • Sexual offences
  • Fair trial
  • Corroboration
  • Procedural safeguards
  • Compatibility with article 6 echr
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Prison law [2011] ScotSC 169

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF PAUL HARPER

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF PAUL HARPER [2011] ScotSC 169 (28 October 2011)

Fatal Accident Inquiry into the death of Paul Harper at HMP Gateside. The sheriff found death by hanging and made no further findings under section 6(1)(c), (d) or (e).

  • Prison suicide
  • Risk assessment
  • Drug addiction
  • Procedural safeguards
  • Fatal-accident-inquiry
  • Prison-suicide
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Prison law [2010] ScotSC 164

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF THOMAS JAMES STRAIN

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF THOMAS JAMES STRAIN [2010] ScotSC 164 (28 September 2010)

Fatal accident inquiry into the death of Thomas James Strain in HM Prison Kilmarnock. The sheriff found no reasonable precautions or system defects that caused the death.

  • Death in custody
  • Suicide prevention
  • Risk assessment
  • Prison administration
  • Procedural safeguards
  • Death-in-custody
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Criminal law [2004] ScotHC 68

Transco Plc v. Her Majesty's Advocates (2)

Transco Plc v. Her Majesty's Advocates (2) [2004] ScotHC 68 (16 September 2004)

The court refused Transco’s appeal, holding that a complex, lengthy jury trial was not shown to be inevitably unfair under Article 6 ECHR.

  • Right to fair trial
  • Article 6 echr
  • Jury trial
  • Health and safety at work
  • Burden of proof
  • Procedural safeguards
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Criminal law [2004] ScotHC 57

TRANSCO Plc v. Her Majesty's Advocates

TRANSCO Plc v. Her Majesty's Advocates [2004] ScotHC 57 (16 September 2004)

The court refused Transco’s appeal, holding that a complex, lengthy jury trial on a Health and Safety Act charge was not shown to be unfair under Article 6.

  • Article 6 echr (right to fair trial)
  • Jury trial procedure
  • Health and safety at work act 1974
  • Burden of proof
  • Procedural safeguards
  • Jury selection
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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.