Judge’s decision to impose reporting restrictions to protect D’s (facing a charge of possessing indecent material) children overturned, as open justice in criminal courts is more important in this case than the protection of children.
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It was not for a magistrate examining an extradition request to try and determine whether or not the requesting State had made out a case to answer against D. The main question was whether or not the offence was an extradition offence. Therefore habeas corpus was not available as a remedy in those circumstances.
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A ruling relating to the admission of hearsay evidence, whilst properly labelled an evidentiary ruling, may also come within the type of rulings that could be appealed by the Crown under s.58 Criminal Justice Act 2003. The ruling in this case related to a hearsay statement implicating D, made by a co-D who had pleaded guilty to the charge.
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Appeal - The respondent had been indicted in respect of alleged contraventions of the Misuse of Drugs Act 1971. At the first diet the respondent lodged a minute in terms of section 79 of the Criminal Procedure (Scotland) Act 1995 objecting to the admissibility of evidence of three named Crown witnesses as this would constitute a contravention of section 4(3)(a) of the 1971 Act. Accordingly, the evidence of the three witnesses would, in terms of HM Advocate v Cormack be inadmissible.& ...
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This was an appeal against a decision of Lord Bracadale in respect of a preliminary issue as to the competency, or relevancy, or both of the charges of breach of the peace that had been brought against the appellant. The matter raised was that the issues raised in the two charges should go for determination by a jury at trial. The Court had to consider whether the charges were competently brought.
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To establish guilt under s.327 or s.328 Proceeds of Crime Act 2002, the Crown must prove the particular criminal conduct which has generated the benefit which the alleged criminal property represents.
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Case dealing with bad character where the issue is one of intent and the previous convictions are of basic intent and show a propensity to commit violence.
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The witness made an assertion that she had a loving and devoted relationship with a man. It transpired that she had also had a sexual relationship with another man. That fact did not render the original statement a lie, and even if it did it was insignificant and not a matter that ought to be permitted to be explored (s.41 Youth Justice and Criminal Evidence Act 1999).
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Bill of Advocation – Appeal Court, High Court of Justiciary – Petition to nobile officium/order of pro loco et tempori substitution for proceedings simplicator. Case involved indictment of complainer on six charges including murder by shooting and assault by presenting a fire-arm. Charge 6 was a charge of attempting to pervert the course of justice. Crown witnesses had been warned about lines of cross-examination which were likely to arise. Discussed test of whether re-trial woul ...
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Appeal – section 65(8) Criminal Procedure (Scotland) Act 1995 – appealed extension of time limit for commencement of Trial and extension of time limit for detention under Section 65 of 1995 Act. This case involved indictment of appellant on six charges including murder by shooting and assault by presenting a firearm. Evidence from key witness contained in Crown statement. Important passage in statement “redacted” and obscured from vision. Written copy of statements reve ...
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