Why instruct me?
Criminal Trials
It’s what I do on a daily basis. Your client’s case is unique. I will provide attention to detail, up-to-date legal knowledge and polished advocacy.
Appeals
I appear in both the Sheriff Appeal Court and in Criminal Appeals in the High Court of Justiciary. I draft grounds, provide written opinions and conduct appeals.
Service
I am a phone call away. Those who instruct me like the fact that I’m easily contacted. Advice and opinions can be provided swiftly and without too much fuss.
About me
I qualified as a solicitor in 1998 and have been conducting trials and appeals in the High Court of Justiciary since 2006. I take instructions from solicitors throughout Scotland in connection with a wide variety of serious criminal cases. I work independently and only as instructed by solicitors. If your client is facing prosecution in the High Court or you have a complex case or appeal which you need assistance with, please feel free to contact me.
I work independently and accept instructions from solicitors only.
I have conducted numerous trials and appeals in the High Court of Justiciary since I qualified as a Solicitor Advocate in 2006. I successfully completed the NITA advanced advocacy course.
I have spent almost 20 years in the criminal courts in Scotland. I previously trained and was a partner in one of the busiest Criminal Legal Aid firms in Scotland.
I do not have a clerk. The telephone numbers and email are mine. If I cannot do the case, I will let you know well in advance. I do not 'double book' my diary. My opinions are written with clarity for your client in mind.
Tags
casework
Latest news
Caselaw: Bail in High Court Proceedings
If I should ever be tempted to think that my years of experience practicing in the criminal courts in Scotland means that I know all there is to know about procedure then the case of AA v HM Advocate [2016] HCJAC 17 serves as an abrupt slap in the face. Practitioners will be well aware Read more about Caselaw: Bail in High Court Proceedings[…]
Caselaw: Rodgerson v PF Alloa – “Significant Sexual Element” in a Social Media case.
In the recent appeal of Rodgerson v Procurator Fiscal, Alloa [2016] HCJAC 12, the question of whether the circumstances of the offence contained a “significant sexual element” was considered. That phrase is important. The Sexual Offences Act 2003 provides for the registration of offenders who have committed sexual offences. Schedule 3 to the Act specifies offences Read more about Caselaw: Rodgerson v PF Alloa – “Significant Sexual Element” in a Social Media case.[…]
Caselaw: Private Chatroom Bile Appeal Fails
When is something said in private criminal? When it is threatening or abusive and likely to cause the reasonable person fear or alarm. In Preston v PF Dundee, the appellant was convicted of a contravention of Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. He had engaged the services of an online chatroom Read more about Caselaw: Private Chatroom Bile Appeal Fails[…]
Insight: Sexual Assault – A Higher Hurdle?
In the recent case of Tait v HM Advocate [2015] HCJAC 58, the Appeal Court was asked to consider whether the appellant’s conviction under Section 20 of the 2009 Act ought to be quashed. The interesting aspect of this appeal was the approach of the Court to the interpretation of Section 20 of the Act, Read more about Insight: Sexual Assault – A Higher Hurdle?[…]
Caselaw: Oppression by the Crown
In HM Advocate v JRD, the Trial Judge deserted a case simpliciter having decided that the Crown acted oppressively in bringing forth allegations against the accused for which there was no evidential basis. The accused was indicted for trial on three charges. The first two charges related to the same complainer, CD: – (1) that on various Read more about Caselaw: Oppression by the Crown[…]
Caselaw: Willful Neglect of Duty by a Constable
The recent Appeal Court decision of Carmichael v PF Airdrie is an interesting little case. The appellant, a serving police constable, was called to investigate an anonymous tip-off of a drunk driver at the wheel of a specified vehicle. The appellant attended at the home address of the registered keeper. The vehicle was parked outside. Read more about Caselaw: Willful Neglect of Duty by a Constable[…]
News: Offensive Behaviour at Football Article 7 Appeal Refused
An appeal by two men convicted of singing the “Roll of Honour” at a Hibs v Celtic match in October 2013 has been refused. The question raised was somewhat unusual. The compatibility of Section 1 of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 with Article 7 of the European Convention on Read more about News: Offensive Behaviour at Football Article 7 Appeal Refused[…]
Caselaw: Appeal by Way of Stated Case
Two recent cases raised similar issues with regard to summary appeals against conviction by way of stated case. In Donnelly and Walsh v PF Edinburgh [2015] HCJAC 19, the decision of the sifting judges granting leave to appeal on “ground 2” in the stated case was criticised. A similar point was raised by the Court in FB v Read more about Caselaw: Appeal by Way of Stated Case[…]
Caselaw: Overturning the Jury’s Verdict.
The recent appeal decision in MacKinnon v HM Advocate [2015] HCJAC 6 serves as a reminder that the statutory ground of appeal contained in Section 106(3)(b) of the Criminal Procedure (Scotland) Act 1995 will succeed only in exceptional cases. Delivering the opinion of the court, Lady Dorrian re-states the matters essential to the consideration of Read more about Caselaw: Overturning the Jury’s Verdict.[…]
Insight: Threatening or Abusive Behaviour – Section 38(1)
I find myself posting again after another appeal with an interesting point which is, unfortunately, unlikely to be reported. Although, conceded by the Crown and therefore not fully aired before the appeal court, the decision centred upon the test set out in Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 and in Read more about Insight: Threatening or Abusive Behaviour – Section 38(1)[…]