Criminal Law in Scotland

Criminal law in Scotland: Blog posts by Scots Law Blog

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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Should there be a Statutory Defence for Crimes Committed by Victims of Human Trafficking?

April 7, 2015

Proposed human trafficking laws for Scotland have caused a great deal of discussion and controversy, since the introduction of a bill to address current deficiencies in the law. This issue concerns whether there should be a statutory defence for those who are victims of trafficking but find themselves committing crimes as a result of their […]

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The End of Early Release for Prisoners in Scotland – A Fairer Administration of Justice?

February 14, 2015

Long-term prisoners in Scotland will no longer be up for automatic early release after serving two thirds of their sentence. First minister Nicola Sturgeon announced the change to the current criminal justice system for automatic early release of all prisoners serving more than four years. It was stated that where a parole board deemed it […]

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Drink Driving in Scotland – Problems When the Law Outpaces Technology

December 17, 2014

Traditionally, the law is subject to much criticism and commentary for being unable to keep up with the rapid advancement of technology. However, the introduction of the new drink driving limits in Scotland have seen quite the opposite. The law in this area has advanced, yet the technology used to record drink drive readings has […]

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World’s End Murder Trial – Finding the Balance in Double Jeopardy

November 20, 2014

Angus Sinclair was given the longest sentence in UK history after finally being convicted of the murder of two women carried out in 1977 at the World’s End pub in Edinburgh. He is considered to be Scotland’s most prolific killer, and the case has revolutionized the Scottish criminal system. After his trial collapsed in 2007, […]

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Wicked and Reckless: Why Oscar Pistorious Would have been Convicted of Murder if Tried in Scotland

September 15, 2014

On Thursday 11 September 2014 Judge Thokozile Masipa determined that Oscar Pistorius was not guilty of premeditated murder. It was then up to the judge to decide between “dollus eventualis” (common murder), culpable homicide or acquittal – but how? (And update at 21 October 2014: Pistorius given five years in jail and three-year suspended sentence […]

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Corroboration’s Fate

February 5, 2013

Scottish legal dissertation regarding the fate of corroboration under Scots Law. If you’d like your law dissertation published, contact us here. Corroboration in Scots law is a rule which remains a fundamental element in the conviction of a charge[ref] Fiona Raitt, Evidence: Principles, Policy and Practice (4th revised edn, W Green 2008) 8-01.[/ref]. Conversely, following […]

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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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ScotsLawBlog one of the Top 25 International & Foreign Law Blogs of 2011

November 17, 2011

I am delighted to announce that ScotsLawBlog has been named as one of LexisNexis’  Top 25 International & Foreign Law Blogs of 2011. For those other keen bloggers or for those considering blogging for the first time, it may be surprising to learn that ScotsLawBlog has only recently marked its 1 year anniversary. Such is […]

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Law Society of Scotland & SHRC respond to Carloway Review

June 13, 2011

The Law Society of Scotland and the Scottish Human Rights Commission (SHRC) have both published responses to the Carloway Review, with a large focus on the Scots law requirement of corroboration, through which at least two individual pieces of evidence are required for a criminal conviction to be secured. The corroboration requirement is one element […]

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