Appeal by way of stated case against verdicts of not guilty which were returned by the sheriff at Kirkcaldy in respect of four charges on a complaint against the respondent. Road Traffic Offence. Although the respondents evidence that he had not been the driver of a vehicle travelling at 156 mph in......
Appeals remitted to court of three judges in order that it may consider the implication of the practice of justices using sentencing guidelines which have been devised for that court. ......
This appeal is concerned with the fact that when the indictment to which the accused pled partially guilty called before the presiding sheriff she in fact deferred sentence for one day beyond the four weeks that is allowed by section 201 of the Criminal Procedure (Scotland) Act. ......
Sift Procedure: Significance of the requirement that the leave of the court is to be on cause shown in terms of Section (8) of section 107 of the Criminal Procedure Scotland Act 1995. "Where the arguable grounds of appeal are specified by virtue of subsection (7) above it shall not except by leave ......
Punishment Parts affecting mandatory life prisoners. Case relates to the transitional provisions of the Convention Rights (Compliance) (Scotland) Act 2001 (the 2001 Act) (the 2001 Act). The present appeal is one of several transitional cases in which the appellant did not have a PRC date when the p......
Appeal by crown against decision of Sheriff which sustained respondents plea in bar of trial. A letter was sent in error to the respondent by the PFs office stating that they were taking no further proceedings in his case. The letter bore the reference of another case. Thereafter the fiscals office......
There are three grounds of appeal. The first is that evidence of an incriminating statement made by the deceased to two police officers was unfairly obtained and ought not to have been admitted by the trial judge. The second is an Anderson ground in which various criticisms are made of the solicito......
Appeals against decision of sheriff to grant an appplication by the crown under section 65(3) of the Criminal Procedure Scotland Act 1995 for extension of the 12 month period. The appellant submit that the extension should not have been allowed as the crown had made no adequate arrangements to allo......
After the jury was empanelled the sheriff was informed that one of the jurors knew one of the Crown witnesses and that he had formerly been a police officer. A discussion took place on this matter within the sheriffs chambers outwith the presence of the appellant. The appellant maintains that this ......
Counsel for the appellant submitted (1) that there was insufficient evidence to entitle the jury to convict the appellant in the absence of any evidence from which it could be inferred that the appellant knew that a knife would be used or that having realised that a knife had been used she continue......
0141 553 4890