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[…]

Precognitions and Statements: Forgetting what you thought you knew.

In Beurskens v HM Advocate [2014] HCJAC 99, the Appeal Court provided an important lesson for criminal lawyers – what you think you know is not always correct.  In this case, the Court considered the use of precognitions in relation to an application under Section 259 of the 1995 Act before deciding that, contrary to the Read more about Precognitions and Statements: Forgetting what you thought you knew.[…]

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[…]

Caselaw – Knife Crime and Young Offenders

The following link relates to a press report of the sentence appeal concerning a 16 year-old first offender. (Tay FM News, 24th November 2011.) The case illustrates the Appeal Court’s attitude to the sentencing of young offenders involved in knife crime within the statutory framework of the Criminal Procedure (Scotland) Act 1995. Section 207(3) provides Read more about Caselaw – Knife Crime and Young Offenders[…]

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?[…]