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: 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)[…]

Community Payback Orders and Unpaid Work …or ‘How many hours did I get?’

I had an interesting little appeal last week. I doubt very much that it will be reported. Nevertheless it raised an interesting issue regarding the imposition of unpaid work requirements in Community Payback Orders. Legislative History Community Payback Orders (CPOs) were introduced by the Criminal Justice and Licensing (Scotland) Act 2010 in, amongst other things, Read more about Community Payback Orders and Unpaid Work …or ‘How many hours did I get?’[…]