Criminal Law in Scotland

Criminal law in Scotland: Blog posts by Scots Law Blog

Ayr Woman Convicted of File Sharing as ACS Law Gets Off Hook

May 10, 2011

Update [31 May 2011]: Anne Muir has been sentenced on 31 May 2011 to three years’ probation & has been ordered to attend mandatory cognitive therapy treatment sessions for Obsessive Compulsive Disorder. Ms Muir is to return to court on Tuesday 30th August for a probation report. The first person to be convicted of illegal […]

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Consultation on changes to Scotland’s criminal justice system

April 10, 2011

Further to the Cadder V HMA decision, a further full review and potential changes are to be considered for Scots criminal law. This may lead to the revocation of certain current rights of suspected criminals which have stood for hundreds of years. The review is being led by Lord Carloway. Hoping to trigger an “open […]

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867 criminal cases not able to proceed because of Cadder

February 9, 2011

As reported by the Journal Online on Wednesday 9 February 2011, a total of 867 prosecutions have not be able to proceed as a direct result of the Cadder v HMA ruling last year, the Crown Office and Procurator Fiscal Service has announced.

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Cadder v HMA and Loss of Identity for Scots Law

February 9, 2011

Scotland’s top prosecutor, The Lord Advocate, The Rt Hon Elish Angiolini QC WS, has warned of a loss of identity for Scots law following on from the Supreme Court’s ruling on the Cadder case and, in particular, the power of the Supreme Court to make decisions on Scots human rights cases. The Lord Advocate suggests that the Supreme Court should only have the power to consider newer legislation or decisions with major constitutional consequences.

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HMA v Tommy Sheridan | Scots Law Snhookered?

December 27, 2010

Indeed, it may be said that the case brings nothing new in the way of black-letter law; only practical implications. It will be interesting to see exactly what those practical implications are in 2011, the result of the appeal of the News of the World to reclaim its £200,000, no penny of which Tommy Sheridan has ever held, and what will happen to Tommy Sheridan on 26 January and thereafter: his fight with the News of the World, it seems, is not yet over.

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Scottish courts to open on Saturdays?

November 29, 2010

It has been proposed that courts in Scotland should be open on Saturdays, primarily as a means of tackling alcohol-related crimes. Kenny MacAskill, chairing the Scottish Police Board, discussed the proposal at a recent consultation.

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Cadder Goes Forth | Emergency Amendments to Scots Criminal Law

October 27, 2010

The Law Society’s response appears to be a welcome pragmatic and practical one. The principle of proportionality is rooted in the human rights legislation within the ECHR and, thus, in the Human Rights Act 1998. Yes, we have to change, but let’s not go overboard.

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