Following trial at the High Court at Glasgow between October and December 2010 Mr Sheridan was convicted of perjury and the Crown withdrew the libel against Mrs Sheridan. In advance of the trial the trial judge repelled the accuseds' pleas in bar of trial based on prejudicial pre-trial publicity and related devolution minutes. Here the trial judge issued a Note in which he sets out his reasons for repelling the accuseds' minutes and further details the directions provided to the jury throughout ...
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Note recording Lord Bracadale’s reasons for repelling Thomas and Gail Sheridan’s pleas in bar of trial at their trial for perjury. The Sheridans had argued that the trial would breach their right to a fair trial in terms of Article 6 of the European Convention of Human Rights contending that the pre-trial publicity meant that the trial could not be before an impartial tribunal. In particular they argued that: prejudicial material remained accessible at the time o ...
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Crown Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- On 13 July 2011 the sheriff at Aberdeen sustained an objection by the respondent as to the admissibility of DNA evidence. The objection related to DNA evidence obtained as a result of an evidential swab taken from the respondent, whilst she was in police custody, after she had been charged. It was submitted at the first diet before the sheriff that the terms of section 18(6)(A) of the Criminal Procedure (Scotland) Act ...
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Parties and Background The complainers were six former pupils of Dalbeth Approved School, Bishopton. They alleged that they suffered abuse and assault at the hands of school staff between September 1970 and Jun 1971. The accused lodged preliminary pleas and devolution minutes. Parties’ Submissions Both accused submitted that their right to a fair trial under Article 6 ECHR had been compromised by the delay of 21 years since the alleged offences, the death of potential wi ...
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Appeal under section 174 of the Criminal Procedure (Scotland) Act 1995:- The appellant has been charged on summary complaint with:- (1) a contravention of the General Food Regulations 2004, Regulation 4(d), Food Safety Act 1990, Section 16(1) and European Communities Act 1972, Section 2(2); and (2) a contravention of Regulation 17(1) of the Food Hygiene (Scotland) Regulations of 2006. A plea to the competency of the two charges was rejected by the sheriff and it is against ...
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On 19 October 2001, Gilbey, a British citizen, was arrested at Don Mueang Airport, Thailand, with a travelling bag containing 3.3kg of high-purity heroin. Following a trial that lasted a number of months Gilbey, on 19 September 2002, was convicted of drug-trafficking offences and was sentenced to the death penalty which was subsequently commuted to life imprisonment backdated to 19 October 2001. He was held in Thai prisons until his repatriation to the United Kingdom and his trans ...
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Criminal Appeal under section 74 of the Criminal (Procedure) Scotland Act 1995:- The respondents have been indicted to Aberdeen Sheriff Court on a number of charges including inter alia:- "On 30 May 2008 at 28 Newton Road, 96 Cummings Park Circle, and elsewhere in Aberdeen you COLIN STEWART and LEE DONALD STEWART did abduct John Wright McPherson Leaper ... and detain him against his will and assault said [John Leaper] and repeatedly strike him on the head and body with a baseball bat and a metal ...
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Under the Criminal Justice Act 2003 s.240A, where an offender had spent time on bail subject to a curfew of nine hours or more in any given day coupled with an electronic monitoring condition, he was generally entitled to an order to the effect that half the number of days spent on bail subject to those conditions should count as time served by the prisoner as part of his sentence. However, in passing sentence a trial judge should take no account of an electronically monitored curfew that fell s ...
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References allowed: When sentencing for manslaughter following a violent attack on a defenceless victim in the street, specific attention should be paid to the consequences of the crime. Crimes which resulted in death should be treated more seriously.
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Preliminary hearing; This case involved an indictment of three accused on charges including serious sexual abuse and rape of two complainers. The two complainers were, at the time of this hearing, around 12 and 13 years of age. At the preliminary hearing, the accused made representations about the reliability of the complainers' evidence and sought to have it held inadmissable. The accused presented a Devolution Minute and a Minute of Notice. The Devolution notice stated that interviews of the c ...
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