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Scotland Case Law

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Criminal law [2026] HCJAC 12

Appeal against Conviction by YZ against His Majesty's Advocate (High Court of Justiciary)

Appeal against Conviction by YZ against His Majesty's Advocate (High Court of Justiciary) [2026] HCJAC 12 (05 February 2026)

The appeal court held that undisclosed material in a sexual and violence conviction case caused a miscarriage of justice and quashed the convictions.

  • Disclosure obligations
  • Fair trial
  • Sexual offences
  • Child abuse
  • Corroboration
  • Miscarriage of justice
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Criminal law [2025] SACCRIM 7

Appeal by Stated Case Against Conviction by Ellen Donnelly against Procurator Fiscal, Paisley (Sheriff Appeal Court Criminal)

Appeal by Stated Case Against Conviction by Ellen Donnelly against Procurator Fiscal, Paisley (Sheriff Appeal Court Criminal) [2025] SACCRIM 7 (30 September 2025)

The Sheriff Appeal Court quashed Ellen Donnelly’s conviction, holding that the justice’s verdict gave insufficient reasons for rejecting the defence evidence in a summary trial.

  • Requirement to give reasons for verdict
  • Summary criminal procedure
  • Fair trial
  • Assessment of witness credibility
  • Summary-criminal-procedure
  • Reasons-for-verdict
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Criminal law [2024] HCJAC 45

Note of Appeal against Conviction by by Daniel Alexander Robertson (High Court of Justiciary)

Note of Appeal against Conviction by by Daniel Alexander Robertson (High Court of Justiciary) [2024] HCJAC 45 (23 October 2024)

The Appeal Court refused an appeal against conviction for rape, holding that the trial judge acted within her discretion in refusing further adjournments or desertion.

  • Rape
  • Vulnerable accused
  • Trial procedure
  • Adjournment
  • Fair trial
  • Special measures
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Criminal law [2024] ScotHC HCJAC_30

NOTE OF APPEAL AGAINST CONVICTION BY CLARK THOMSON AGAINST HMA

NOTE OF APPEAL AGAINST CONVICTION BY CLARK THOMSON AGAINST HMA [2024] ScotHC HCJAC_30 (26 June 2024)

Appeal against conviction in a rape and domestic abuse case refused. The court held no jury direction on belief in consent was needed and rejected fair-trial complaints.

  • Rape
  • Sexual offences
  • Consent
  • Reasonable belief
  • Jury directions
  • Character evidence
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Criminal law [2024] ScotHC HCJAC_11

APPEAL AGAINST CONVICTION AND SENTENCE BY LEWIS SPENCE AND CONNOR STEELE AGAINST HMA

APPEAL AGAINST CONVICTION AND SENTENCE BY LEWIS SPENCE AND CONNOR STEELE AGAINST HMA [2024] ScotHC HCJAC_11 (26 March 2024)

The court refused appeals by Lewis Spence and Connor Steele against conviction for an attempted murder attack, and refused Spence’s challenge to his extended sentence.

  • Attempted murder
  • Identification evidence
  • Fair trial
  • Extended sentence
  • Alibi defence
  • Judicial conduct
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Criminal law [2024] ScotHC HCJAC_6

NOTE OF APPEAL BY NATHAN McKENZIE AGAINST HMA

NOTE OF APPEAL BY NATHAN McKENZIE AGAINST HMA [2024] ScotHC HCJAC_6 (10 May 2023)

The Appeal Court held that rape facts could competently be libelled within a domestic abuse charge in the sheriff court, and refused the appeal.

  • Domestic abuse
  • Rape
  • Fair trial
  • Jurisdiction
  • Oppression
  • Domestic-abuse
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Criminal law [2023] ScotHC HCJAC_2

APPEAL AGAINST CONVICTION AND SENTENCE BY JOHN WATT AGAINST HMA

APPEAL AGAINST CONVICTION AND SENTENCE BY JOHN WATT AGAINST HMA [2023] ScotHC HCJAC_2 (18 January 2023)

The Appeal Court refused John Watt’s appeal against conviction, upholding the refusal of a section 275 application to lead evidence about alleged other abusers and a supposed paedophile ring.

  • Historical sexual abuse
  • Section 275 application
  • Admissibility of evidence
  • Fair trial
  • Credibility of witness
  • Criminal-law
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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 [2021] ScotCS CSOH_51

PETITION OF PAUL VINCENT KELLY AGAINST SCOTTISH CRIMINAL CASES REVIEW COMMISSION

PETITION OF PAUL VINCENT KELLY AGAINST SCOTTISH CRIMINAL CASES REVIEW COMMISSION [2021] ScotCS CSOH_51 (18 May 2021)

The Court of Session refused a judicial review petition challenging the SCCRC’s refusal to refer a conviction for defective representation.

  • Defective representation
  • Miscarriage of justice
  • Fair trial
  • Counsel's discretion
  • Defective-representation
  • Judicial-review
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Criminal law [2021] ScotHC HCJAC_15

NOTES OF APPEAL AGAINST CONVICTION BY (1) BRIAN FERGUSON; (2) ANDREW GALLACHER; (3) ROBERT PICKETT; (4) ANDREW JAMES SINCLAIR; (5) JOHN TIMOTHY RILEY HARDIE; and (6) PETER ROBERT BAIN AGAINST HER MAJESTY'S ADVOCATE

NOTES OF APPEAL AGAINST CONVICTION BY (1) BRIAN FERGUSON; (2) ANDREW GALLACHER; (3) ROBERT PICKETT; (4) ANDREW JAMES SINCLAIR; (5) JOHN TIMOTHY RILEY HARDIE; and (6) PETER ROBERT BAIN AGAINST HER MAJESTY'S ADVOCATE [2021] ScotHC HCJAC_15 (05 March 2021)

The Appeal Court refused appeals against conviction after a juror-misconduct complaint was investigated by the clerk of court under judicial supervision.

  • Jury misconduct
  • Fair trial
  • Judicial investigation
  • Delegation of judicial functions
  • Bias
  • Miscarriage of justice
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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.