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Visit my main website. 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
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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.
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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
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Following the Appeal Court decision in Cowie whereby it was held to be unlawful for the police to obtain DNA swabs from a detained and charged suspect, the Crown has been forced into taking remedial action to ensure the continued prosecution of cases where such DNA evidence was crucial. Sheriffs across the country have been
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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
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Yesterday, three Judges of the Justiciary Appeal Court in Edinburgh rejected an appeal in relation to a Sheriff granting a warrant which permitted the police to obtain DNA swabs from a suspect who had already been charged. This follows upon the decision in HM Advocate v Cowie in which the Appeal Court rejected a Crown appeal,
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In the week between Christmas and New Year advocate Sean Templeton wrote to the Herald newspaper suggesting that the current witness and jury oath is outdated and ripe for reform. The Firm Magazine online carried my response, published on 30th December 2011. In it, I argue that it is inaccurate to suggest that the current
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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
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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
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Section 50A of the Criminal Law Consolidation (Scotland) Act 1995 makes it an offence to: – (a) pursue a racially-aggravated course of conduct which amounts to harassment of a person and- (i) is intended to amount to harassment of that person; or (ii) occurs in circumstances where it would appear to a reasonable person that
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I am a Solicitor Advocate specialising in criminal trials and appeals in the High Court of
Justiciary.
For more information see my main website links below: -