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: 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[…]

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)[…]

Sentencing: Offending While on “Licence”

The busy criminal practitioner will require to deal with offenders who have committed offences having been released early from their sentence. The violation of trust caused by such offending brings a further mechanism for punishing the offender. Unfortunately the current legislation is, for many, greatly confusing and as clear as the proverbial mud. Section 16 of Read more about Sentencing: Offending While on “Licence”[…]

Caselaw: Discounts In Summary Sentencing

The Appeal Court today decided that a Sheriff was wrong to select a headline sentence in excess of the maximum competent sentence that could have been imposed had the matter proceeded to trial. The case has not been reported yet, but it would appear to put to bed the notion that a Sheriff can restrict Read more about Caselaw: Discounts In Summary Sentencing[…]

Caselaw – Cowie Binned

The Appeal Court has once and for all consigned the decision in Cowie v HM Advocate 2012 SCCR 70 to the dustbin. In Lukstins v HM Advocate [2012] HCJAC 146 a full bench decided that the interpretation applied by the court in Cowie to Section 18 of the 1995 Act relating to police powers to Read more about Caselaw – Cowie Binned[…]

Corroboration, Eggs and Omelettes

Time is throttling past me.  Was it really November last year that I first blogged about corroboration?  I suggested then that although Scots Law should not be afraid to take a radical approach to reform and that many of the observations of the Carloway Report appeared sound, there was a danger inherent in considering corroboration Read more about Corroboration, Eggs and Omelettes[…]

Cadder and the Co-accused’s Confession

It has been a while since I last posted, what with holidays and simply not being able to find the time.  While I’ve been away, this interesting little case, decided last year was published on the Scottish Courts website. One of the questions heard in Scottish Courts since the advent of the Cadder decision was Read more about Cadder and the Co-accused’s Confession[…]

Caselaw – Yet Another Interesting Discount Case

The issue of when the sentencing court can apply a discount continues to be the subject of recent Appeal Court decisions.  In HM Advocate v McNamara 2012 [HCJAC] 54,  the Crown appealed against a punishment part of 13 1/2 years on the ground that it was unduly lenient.  The Appeal Court agreed. In this case the Read more about Caselaw – Yet Another Interesting Discount Case[…]