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: 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)[…]

Caselaw – Defence Statements Article 6 Compliant

Section 124 of the Criminal Justice and Licensing (Scotland) Act 2010 introduced Defence Statements into solemn criminal procedure.  Previously an accused person was under no obligation to provide the Crown with details of his defence unless that defence was a “special defence” or specifically required notice in terms of Section 78 of the 1995 Act. Read more about Caselaw – Defence Statements Article 6 Compliant[…]

News – Standard Bail Conditions Not ECHR Compatible.

Three Appeal Court judges have decided that amendments made to Section 24 of the Criminal Procedure (Scotland) Act 1995 are not compatible with an accused person’s Convention Rights under Article 5 ECHR.  The provision in question was amended by Section 58 of the Criminal Justice and Licensing (Scotland) Act 2010.  That Section amended Section 24 Read more about News – Standard Bail Conditions Not ECHR Compatible.[…]