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Scotland decisions
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The Sheriff Appeal Court refused the Crown’s appeal against acquittal for malicious mischief arising from peaceful protest spray-painting at Glasgow University.
APPEAL UNDER SECTION 103 OF THE EXTRADITION ACT 2003 BY JAMES CRAIG AGAINST THE LORD ADVOCATE REPRESENTING THE AMERICAN AUTHORITIES [2022] ScotHC HCJAC_17 (31 March 2022)
The High Court of Justiciary allowed James Craig’s extradition appeal, ordered his discharge, and quashed the extradition order following the UK Supreme Court’s ruling.
GIFFORD, PETITION OF MATILDA GIFFORD FOR JUDICIAL REVIEW [2018] ScotCS CSOH_108 (21 November 2018)
The Court of Session rejected a judicial review over undercover policing inquiries, holding the decisions were lawful, adequately reasoned and not irrational.
WOJCIECH CZERWINSKI AGAINST HER MAJESTY'S ADVOCATE [2015] ScotHC HCJAC_72 (11 August 2015)
The court granted leave to appeal against an extradition order to Poland, holding that there was an arguable ground on proportionality in a minor financial offence.
APPEAL BY JA IN RELATION TO CHILD CM [2012] ScotSC 110 (23 November 2012)
The sheriff held that section 51 of the Children (Scotland) Act 1995 could be read to allow variation of a place-of-safety warrant contact condition, and allowed the appeal accordingly.
HER MAJESTY'S ADVOCATE v. COLIN BRYSON CAMPBELL [1999] ScotHC 225 (28th September, 1999)
No devolution issue arises from the absence of the accused's legal representative at the identification parade, as the act complained of is not determinative or irretrievably prejudicial to the fairness of the trial; any alleged unfairness can be addressed at trial through challenges to admissibility and accuracy of evidence.
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