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.[…]

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?’[…]

Caselaw: Sexual Offences Prevention Orders – EA v HM Advocate

This interesting little case (EA v HM Advocate [2014] HCJAC 96) may have sneaked under the radar. I now come back to it for two reasons; firstly it is an important lesson in the requirements for the imposition of a Sexual Offences Prevention Order (SOPO); and, secondly (and less importantly) I was involved in the drafting of Read more about Caselaw: Sexual Offences Prevention Orders – EA v HM Advocate[…]

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 – 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[…]

Caselaw – Discounts For Guilty Pleas – A Practical Guide

The practice of discounting sentences for guilty pleas is a day-to-day occurrence in the criminal courts in Scotland.  Parliament expressly provided for such discounts, designed to reward savings on court time and resources, by enacting Section 196 of the Criminal Procedure (Scotland) Act 1995.  That Section provides: – (1) In determining what sentence to pass Read more about Caselaw – Discounts For Guilty Pleas – A Practical Guide[…]

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[…]

Political Pressure on Sentencers

The fall out from last week’s riots in London and elsewhere has continued to gather pace.  In the past few days those apprehended by the police have been appearing before the Courts.  Some have been charged with very serious public order offences and crimes of violence.  Many others, it seems, have been brought to Court Read more about Political Pressure on Sentencers[…]