Expenses in respect of professional services incurred after the date of a representation order were in principle capable of being "out-of-pocket expenses" and therefore recoverable out of central funds under a defendant's costs order. The court gave guidance as to the circumstances a determining officer should consider in determining whether to reimburse a defendant for such expenses.
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The question for the court was whether a Youth Court could convict a single defendant where the case had been brought on the basis of joint enterprise where the Youth Court found there was no joint enterprise and where the Youth Court could not return an alternative verdict. The answer was “yes”.
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A court considering a defendant’s costs order should not refuse to make such an order simply because the defendant had been acquitted on a technicality.
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Where D had previously been given a legitimate expectation that the MC would pass sentence it was unlawful for the MC to commit D to the CC for sentence.
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The Suicide Act 1961 was not unlawful and was not contrary to the ECHR art 8(2) where there was no policy specifying the factors that the DPP would take into account in deciding whether to prosecute someone for assisting another to commit suicide. P wished to have clarification of the circumstances in which her husband would be prosecuted for assisting her to commit suicide: she had a debilitating disease, would wish to end her life at some stage and wished to be reassured t ...
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Devolution Issue Reference:- The accused was charged on summary complaint at Ayr Sheriff Court with a contravention of section 5(3) of the Criminal Law (Consolidation) (Scotland) Act 1995 which provides:- "...(3) Without prejudice to sections 1 to 4 of this Act, any person who has, or attempts to have, unlawful sexual intercourse with any girl of or over the age of 13 years and under the age of 16 years shall be liable on conviction ...". Subsection (5) of section 5 of the 1995 Act sets out the ...
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A road that was used by the public to access a beach through a caravan park was a “road” for the purposes of the RTA 1988 s.103.
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The magistrates' court was entitled to find that the roadway were "roads" for the purpose of s.103. As acknowledged by B the roadways were a public place but more than that they followed points between defined edges used by the public as a route to the beach. In that respect the instant case was distinguishable from Dunmill v DPP [2004] EWHC 1700 (Admin) as in that case the purported "road" was on grass and there was no evidence of defined edges, Dunmill distinguished. Moreover, it was clear fro ...
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CA asked DPP to issue guidance for prosecutors as to when instituting confiscation proceedings would be appropriate.
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On 4 November 2008 at Fort William Sheriff Court the Accused pled guilty to a charge of breach of the peace in the followin g terms:- "That between 1 July 2007 and 17 August 2007, both dates inclusive, at [an address in Fort William] and elsewhere in Scotland [he] did conduct [himself] in a disorderly manner and did repeatedly telephone [F]... and make sexual comments, placing her in a state of fear and alarm and commit a breach of the peace." By virtue of Section 80 of the Sexual Offences Act 2 ...
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