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Caselaw

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…

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…

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…

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…