Criminal law

Misuse of Drugs Act Section 23 – What are reasonable grounds to suspect?

October 30, 2015

The admissibility of evidence arising from police searches of vehicles under the Misuse of Drugs Act 1971 has become fertile ground for legal argument in recent years. The argument which found prominence in McAughey v HM Advocate [2013] HCJAC 163; 2014 SCCR 11 has resulted in a relative flood of cases centring upon the state of mind of […]

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Peter Duff – A Response to a Unified Theory of Similar Facts Evidence

April 23, 2012

I recently read ‘Towards a Unified Theory of Similaw Facts Evidence in Scots Law’ by Peter Duff, a man whose articles I have enjoyed reading since I started studying law. However, I was particularly concerned by the manner in which he confuses the Moorov doctrine with similar facts evidence. Duff argues that both the Moorov and Howden […]

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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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Tommy Sheridan to sue News of the World

January 11, 2011

One may have mistakenly thought that we wouldn’t be hearing any more about Tommy Sheridan until his sentencing for perjury on 26 January 2010. That would be wrong, as Tommy Sheridan is now preparing to take legal action against both the News of the World and the Metropolitan Police, his lawyer, Aamer Anwar, confirmed on 7 January 2010. The case is being prepared after Sheridan’s personal details emerged following an investigation into phone-hacking.

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