criminal law in scotland

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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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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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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