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Criminal law [2017] ScotHC HCJAC_22

Sutherland v HM Advocate

Sutherland v HM Advocate [2017] ScotHC HCJAC_22 (12 April 2017)

Appeal against sex-offender notification conditions quashed after the court held the Facebook posting of an intimate image did not show a significant sexual aspect.

  • Sentence appeal
  • Sexual offences
  • Notification requirements
  • Communications act 2003
  • Sexual offences act 2003
  • Significant sexual aspect
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Criminal law [2015] ScotHC HCJAC_61

McNair v Procurator Fiscal, Dundee

McNair v Procurator Fiscal, Dundee [2015] ScotHC HCJAC_61 (24 July 2015)

The appeal court refused an appeal against notification requirements under the Sexual Offences Act 2003 after a conviction for public indecency on a bus in Dundee.

  • Public indecency
  • Sexual offences
  • Notification requirements
  • Sexual offences act 2003
  • Public-indecency
  • Sexual-offences-act-2003
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Human rights law [2015] ScotCS CSIH_41

MAIN AGAINST SCOTTISH MINISTERS

MAIN AGAINST SCOTTISH MINISTERS [2015] ScotCS CSIH_41 (22 May 2015)

The Inner House held that a 15-year wait for review of indefinite sex-offender notification requirements was proportionate and Convention-compliant.

  • Sexual offences act 2003
  • Notification requirements for sex offenders
  • Article 8 echr (right to private life)
  • Proportionality
  • Judicial review of legislative measures
  • Article-8-private-life
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Criminal law [2015] ScotHC HCJAC_2

Edward Montgomery Against The Procurator Fiscal, Kilmarnock

Edward Montgomery Against The Procurator Fiscal, Kilmarnock [2015] ScotHC HCJAC_2 (20 January 2015)

The appeal court refused Edward Montgomery’s appeal, holding that repeated staring at children and the van incident amounted to breach of the peace and could be mutually corroborated.

  • Breach of the peace
  • Mutual corroboration
  • Sexual offences act 2003
  • Corroboration of evidence
  • Breach-of-the-peace
  • Mutual-corroboration
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Human rights law [2013] ScotCS CSOH_103

Main v The Scottish Ministers

Main v The Scottish Ministers [2013] ScotCS CSOH_103 (26 June 2013)

The Court of Session held that a 15-year sex offender notification review period was a proportionate interference with Article 8 ECHR rights and dismissed the petition.

  • Sex offender notification requirements
  • Article 8 echr
  • Proportionality
  • Judicial review
  • Sexual offences act 2003
  • Article-8-echr
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Criminal law [2012] ScotHC HCJAC_27

Thompson v Procurator Fiscal Glasgow

Thompson v Procurator Fiscal Glasgow [2012] ScotHC HCJAC_27 (15 February 2012)

The Appeal Court held that the Crown had to give express notice if it relied on indecent assault for notification under the Sexual Offences Act 2003, and allowed the appeal.

  • Indecent assault
  • Notification requirements
  • Sexual offences act 2003
  • Fair trial rights
  • Article 6 echr
  • Indecent-assault
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Criminal law [2012] ScotHC HCJAC_28

Hay v HM Advocate & Anor

Hay v HM Advocate & Anor [2012] ScotHC HCJAC_28 (15 February 2012)

Appeal Court decision on whether breach-of-peace conduct had a significant sexual aspect for sex offender notification under the 2003 Act.

  • Sexual offences act 2003
  • Notification requirements
  • Fair notice
  • Article 6 echr
  • Article 8 echr
  • Breach of the peace
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Criminal law [2007] ScotHC HCJAC_31

Nelson, Re Note Of Appeal Against Sentence

Nelson, Re Note Of Appeal Against Sentence [2007] ScotHC HCJAC_31 (08 May 2007)

The Appeal Court quashed Andrew James Nelson’s entry on the Sex Offenders Register, holding the sheriff used the wrong schedule paragraph for public indecency.

  • Public indecency
  • Sexual offences register
  • Sentencing
  • Sexual offences act 2003
  • Public-indecency
  • Sex-offenders-register
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