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Criminal-law [2023] ScotHC HCJAC_29

APPEALS BY SARAH LYNN TWEEDIE OR MORROW AGAINST HMA AND THE SCOTTISH MINISTERS

APPEALS BY SARAH LYNN TWEEDIE OR MORROW AGAINST HMA AND THE SCOTTISH MINISTERS [2023] ScotHC HCJAC_29 (04 August 2023)

Appeal Court rejected extradition challenges based on delay, Article 3 prison-risk concerns, and Article 6(2) sentencing objections, and refused leave to appeal.

  • Oppression-due-to-passage-of-time
  • Article-3-echr-(inhumane-and-degrading-treatment)
  • Article-6(2)-echr-(presumption-of-innocence)
  • Us-sentencing-regime
  • Speciality-rule
  • Devolution-issue
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Criminal-law [2014] ScotHC HCJAC_12

N.D.M.C. v. HER MAJESTY'S ADVOCATE

N.D.M.C. v. HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_12 (05 February 2014)

The High Court of Justiciary Appeal Court refused leave to appeal, holding that no devolution issue had been argued and the identification-parade petition was lodged too late.

  • Identification-parade
  • Article-6-echr
  • Devolution-issue
  • Judicial-discretion
  • Criminal-procedure-scotland-act-1995
  • Leave-to-appeal
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Criminal-law [2014] ScotHJ HJCAC_12

N.D.M.C. v. HER MAJESTY'S ADVOCATE

N.D.M.C. v. HER MAJESTY'S ADVOCATE [2014] ScotHJ HJCAC_12 (29 January 2013)

The High Court refused leave to appeal a Bill of Advocation concerning an identification parade, holding no devolution issue was argued and the sheriff acted within discretion.

  • Identification-parade
  • Article-6-echr
  • Devolution-issue
  • Judicial-discretion
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Criminal-law [2012] ScotHC HCJAC_89

Purves v HM Advocate

Purves v HM Advocate [2012] ScotHC HCJAC_89 (22 May 2012)

The Appeal Court refused leave to appeal to the UK Supreme Court, holding that Article 8 ECHR did not require a jury direction on defence of the home in this self-defence case.

  • Self-defence
  • Culpable-homicide
  • Article-8-echr
  • Devolution-issue
  • Jury-directions
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Criminal-law [2012] ScotHC HCJAC_88

Telford v HM Advocate

Telford v HM Advocate [2012] ScotHC HCJAC_88 (26 April 2012)

The court refused leave to appeal to the Supreme Court, holding that it had not determined any devolution issue and that the application was late and unsupported.

  • Murder
  • Plea-of-guilty
  • Withdrawal-of-plea
  • Devolution-issues
  • Notice-of-charge
  • Professional-conduct
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Family-law [2010] ScotSC 24

CM (A Child), Re

CM (A Child), Re [2010] ScotSC 24 (01 July 2010)

The sheriff held that section 14 of the Adoption and Children (Scotland) Act 2007 applies to consent-dispensing under section 83(2)(d), so no devolution issue arose.

  • Adoption
  • Permanence-orders
  • Parental-consent
  • Statutory-interpretation
  • European-convention-on-human-rights
  • Devolution-issues
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Extradition-law [2010] ScotHC HCJAC_41

Kropiwnicky v. Her Majesty's Advocate

Kropiwnicky v. Her Majesty's Advocate [2010] ScotHC HCJAC_41 (04 May 2010)

The Appeal Court refused an extradition appeal to Poland, holding there was no substantial showing of a real Article 3 risk from prison conditions.

  • European-arrest-warrant
  • Article-3-echr
  • Prison-conditions
  • Systemic-risk
  • Devolution-issue
  • Extradition
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Criminal-law [2009] ScotHC HCJAC_108

Jones & Anor, Re Leave to Appeal

Jones & Anor, Re Leave to Appeal [2009] ScotHC HCJAC_108 (27 November 2009)

The Appeal Court refused pre-trial leave to appeal to the Supreme Court, holding the applications were premature, fact-specific, and would risk delaying trial.

  • Entrapment
  • Devolution-issue
  • Article-6-echr
  • Leave-to-appeal
  • Pre-trial-procedure
  • Devolution-issues
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Criminal-law [2009] ScotHC HCJAC_177

HM Advocate v Ronald & Ors

HM Advocate v Ronald & Ors [2009] ScotHC HCJAC_177 (30 April 2009)

High Court of Justiciary decision on pleas in bar of trial alleging entrapment in an art-recovery/extortion prosecution. The court refused all pleas.

  • Entrapment
  • Abuse-of-process
  • Extortion
  • Reset
  • Embezzlement
  • Plea-in-bar-of-trial
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Criminal-law [2007] ScotHC HCJ_07

Her Majesty's Advocate v. D.P.

Her Majesty's Advocate v. D.P. [2007] ScotHC HCJ_07 (13 August 2007)

The High Court of Justiciary rejected an Article 6 delay challenge, upheld the indictment’s time specification, and refused separation of charges in a historic abuse case.

  • Unreasonable-delay
  • Article-6-echr
  • Specification-of-charges
  • Separation-of-charges
  • Devolution-issue
  • Reasonable-time-delay
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.