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Scotland decisions
Decisions matching the current search
APPEAL AGAINST SENTENCE BY JORDAN MITCHELL AGAINST HIS MAJESTY'S ADVOCATE [2024] ScotHC HCJAC_8 (08 February 2024)
The appeal court quashed an extended sentence and imposed an order for lifelong restriction after finding the appellant posed a particularly high risk to public safety.
SUMMARY APPLICATION BY CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND AGAINST SAI [2022] SC ABE 11 (29 March 2022)
The Sheriff Court granted a summary application by the Chief Constable of the Police Service of Scotland against SAI, finding the statutory criteria were met and the order necessary and proportionate.
MM, APPEAL BY HER MAJESTY'S ADVOCATE AGAINST MM [2019] ScotHC HCJAC_77 (05 November 2019)
The Appeal Court held that the original sentence for sexual offences was unduly lenient, quashed it, and imposed a heavier sentence with extended supervision.
WILSON, NOTE OF APPEAL AGAINST SENTENCE BY CAMERON JOSHUA WILSON AGAINST PROCURATOR FISCAL, ABERDEEN [2018] ScotHC HCJAC_50 (06 September 2018)
The court held that sentence discount for an early guilty plea should generally apply at the same rate to fines and penalty points in road traffic cases.
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.
Byrne v HM Advocate [2016] ScotHC HCJAC_84 (27 September 2016)
Appeal Court of the High Court of Justiciary refused an appeal against sentence, upholding an Order for Lifelong Restriction for a prolific sexual offender.
O'Neil v HM Advocate [2016] ScotHC HCJAC_56 (24 June 2016)
The court refused a sentence appeal and upheld a 12-month Supervised Release Order, holding that the order was justified for public protection and not discountable under section 196.
JAMES FERGUSON & STUART CAMERON & BRUCE BALFOUR & THOMAS NOLAN v. HER MAJESTY ADVOCATE [2014] ScotHC HCJAC_19 (28 February 2014)
The High Court of Justiciary refused four sentence appeals and upheld Orders for Lifelong Restriction, holding that the statutory risk test—not a “high risk” label—governs.
The Scottish Ministers v A Decision of the Mental Health Tribunal [2011] ScotCS CSOI_76 (02 December 2011)
The Court of Session held that section 323 allowed an interim order continuing a restriction order pending appeal, and granted the Scottish Ministers’ motion.
Martin & Ors v HM Advocate [2010] ScotHC HCJAC_17 (02 February 2010)
Three appellants challenged sentence discounts for guilty pleas where public protection had affected the starting point or reduction. The court remitted the appeals to five judges.
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