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.[…]

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[…]

Cadder’s Grandchildren: The ‘Free’ Suspect’s Right to a Lawyer

The Appeal Court continues to issue judgements in relation to Cadder-type situations where a suspect claims to have had a right to legal advice ignored by the police and prosecuting authorities. The most recent to be reported is Barrie v HM Advocate [2012] HCJAC 160.  In that case the appellant claimed that incriminating responses made Read more about Cadder’s Grandchildren: The ‘Free’ Suspect’s Right to a Lawyer[…]

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[…]

We Don’t Need No Corroboration – But is it Just Another Brick in the Wall?

So the Carloway Review recommends the abolition of corroboration. Prominent lawyers have questioned the case for abolition, raising concerns that a vital safeguard against miscarriages of justice would be removed. Victims groups have broadly supported the move. They consider the requirement for crimes in Scotland to be proved by corroborated evidence as an unnecessary barrier Read more about We Don’t Need No Corroboration – But is it Just Another Brick in the Wall?[…]