By Martin Crawford on 03/07/2008 14:57
Judgement of Lord Osborne handed down in relation to the Aamer Anwar contempt of court hearing. On 17 September 2007, at the High Court in Glasgow, Mohammed Atif Siddique was found guilty after trial on several charges under the Terrorism Act 2000 and 2006. On 23 October 2007 in Edinburgh he was sentenced to imprisonment for a total period of eight years. On the day when the jury's verdict was returned, Aamer Anwar the respondent in this remit, who had been the panel's solicitor in connection ...
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By Euan Dow on 21/02/2008 09:13
Criminal - Suitability of Proof in Mitigation:- On 15 January 2008 at Edinburgh High Court the accused pled guilty under section 76 procedure to two charges of being concerned in the supply of diamorphine and cocaine under section 4(3)(b) of the Misuse of Drugs Act 1971. The Advocate Depute moved for sentence, tendered a schedule of previous convictions relating to the accused and read out a narrative of the facts which stated inter alia that the accused was seen leaving 15D Powis Place, Aberdee ...
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By Rachel Henry on 24/01/2008 14:39
Petition for a Recovery Order in terms of section 266 of the Proceeds of Crime Act 2002 - The only live issue at this stage was whether the petitioners have proved on a balance of probabilities that certain assets are recoverable property in terms of the 2002 Act in respect of which the court must make a recovery order. In addition the petition seeks an order in respect of a standard security granted by Mrs Buchanan as associated property in terms of section 245 of the 2002 Act.
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By Euan Dow on 06/12/2007 16:20
Preliminary Hearing - Criminal Procedure (Scotland) Act 1995, section 275(1):- On 19 November 2007 the applicant was indicted to appear at a preliminary hearing at Edinburgh on the following charge:- "On 14 November 2006 at [address] you did assault T G, c/o Fife Constabulary, Kirkcaldy and did remove her trousers and pants, struggle with her, handle her breasts, push her onto a couch, hold her down, force her legs apart and you did rape her." An application under section 275(1) of the 1995 Act ...
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By Euan Dow on 29/11/2007 10:13
Criminal Trial:- The accused was indicted to the High Court in Dunfermline in respect of a contravention of the Criminal Law (Consolidation)(Scotland) Act 1995, Section 5(1), namely a charge of having unlawful sexual intercourse with a girl then under the age of thirteen years. At an earlier preliminary hearing the accused had tendered a plea of guilty as libelled as he accepted that intercourse took place on two occasions on the understanding that the complainer was aged 15 or 16. The Crown's c ...
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By Euan Dow on 06/11/2007 19:23
Criminal Note:- On 17 September 2007, after a high profile trial at the High Court in Glasgow, Mohammed Atif Siddique was found guilty by a jury of inter alia a contravention of section 57(1) of the Terrorism Act 2000. Following the verdict of the jury Siddique's agent, Aamer Anwar, made a statement on the steps of the High Court to the media in which he made a number of critical comments concerning the case including:- "...Today Mohammed Atif Siddique was found guilty of doing what millions of ...
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By Stephen Moore on 18/10/2007 11:42
Contempt of Court STV Central Ltd., the Scottish Daily Record and the Scottish Sun Newspaper all appeared at a Hearing in relation to an alleged contempt of court. A news bulletin and newspaper articles had featured a picture of Derek Riordon, a professional footballer and one of the accused in an assault trial, together with details of the evidence given on the first day of the trial. The trial had been adjourned part heard. It was argued on behalf of all 3 bodies that the decision to publish a ...
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By Euan Dow on 03/10/2007 17:40
Continued Preliminary Hearing - Devolution Minutes:- Four minutes raising devolution issues were argued at a continued preliminary hearing. The minuter was indicted on a charge of culpable homicide:, namely- ".... on (date) at (address) she did supply a syringe and a controlled drug, namely (heroin) ... to (K.B.) then residing at ... knowing or believing that he would inject said drug to the danger of his life and subsequently K.B. did inject a quantity of (heroin) ... into his body and lapsed i ...
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By Euan Dow on 11/09/2007 08:22
Criminal - Preliminary Issues and Devolution Issue:- On 29 June 2007 the minuter, a 52 year old man, appeared at a preliminary hearing at Glasgow to answer an indictment in which there were four charges relating to indecency. The minuter raised preliminary issues within the meaning of section 79(2)(b) of the Criminal Procedure (Scotland) Act 1995 and a devolution issue within the meaning of schedule 6 to the Scotland Act 1998. The preliminary issues related to objections to the latitude of time ...
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By Euan Dow on 14/05/2007 22:00
Note of Appeal under section 74(1) of the Criminal Procedure (Scotland) Act 1995
Here the appellants lodged devolution minutes in which they averred that their right to a "fair and public hearing within a reasonable time", under Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms had been infringed. It was contended that taking the appellants to trial would be ultra vires of the Lord Advocate, by virtue of section 57 of the Scotland Act 1998. The starting point of the question of whether the period was reasonable was 21 May 200 ...
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