Bills of suspension against incidental warrants such as those to take samples or to search remain subject to the “supervisory jurisdiction” of the High Court of Justiciary rather than the Sheriff Appeal Court, appeal judges have ruled. The Criminal Appeal Court held that such bills are still for
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(L-R): Sheriff Principal Derek Pyle, tourism minister Fergus Ewing, councillor Helen Carmichael and Eric McQueen
The Faculty of Advocates has suggested that draft rules for the new Simple Procedure in the sheriff court could be made simpler. The Scottish Civil Justice Council (SCJC) asked for views on the rules and the Faculty made a number of points in its response.
Lord Carloway A sales executive who was convicted of embezzling more than £8,000 from his employers has failed in an appeal against conviction despite that fact a sheriff made no finding in fact of “dishonest appropriation” of the cash.
Details of some of the new summary sheriffs appointed under the Courts Reform (Scotland) Act 2014 to deal with some types of civil and criminal cases in the sheriff court have become available. Brian Cameron, sitting at Glasgow Sheriff Court, is a graduate of the University of Strathclyde and was ad
A man who exchanged a number of “grossly offensive” and “indecent” jokes with a friend on a social networking site about the death of a child and made sexual remarks about children has successfully appealed to have his name removed from the sex offenders’ register. The Criminal Appeal Cour
A solicitor advocate whose wife, daughter and another driver were killed in a car crash while he was at the wheel has been found not guilty of causing their deaths at Inverness Sheriff Court. Andrew Houston's Audi A4 hit a Jeep on A9 in July 2013. His wife, Abigail, 42 and daughter Mia, seven, as we
Scotland’s first summary sheriffs have been appointed as part of the major modernisation of the court system. The Courts Reform (Scotland) Act 2014 created a new judicial office of summary sheriff to deal with some types of civil and criminal cases in the sheriff court. The move is part of the gov
Lorry driver loses appeal against conviction for dangerous driving and statutory breach of the peace
A lorry driver found guilty of dangerous driving and behaving in a threatening or abusive manner which was likely to cause a reasonable person to suffer fear or alarm, who claimed that a sheriff erred in repelling a “no case to answer” submission, had an appeal against conviction refused. The Cr
A motion to remit a £25,000 damages action to the new national personal injury court has been refused by a judge in the Court of Session. Lord Boyd of Duncansby held that the fact that a claim was “small and straightforward” was not in itself enough to justify remit to the sheriff court.
A child counsellor with convictions for offences of dishonesty whose application to be the kinship carer for her teenage niece and nephew was refused following a disclosure check has successfully appealed against a decision to include her name on the children’s list. A sheriff allowed the appeal a
The Scottish Civil Justice Council’s (SCJC) winter tour has now finished with nearly 80 people attending sessions held at the sheriff courts in Aberdeen, Inverness and Glasgow. Presentations, delivered by council members and lawyers from the Lord President’s Private Office, provided information
A worker at a scaffolding firm who was injured when a manager threw a claw hammer which accidentally struck him on the head has had a claim for damages dismissed after a court ruled that his employers were not “vicariously liable”. A sheriff principal upheld a sheriff’s decision that the emplo
At Edinburgh Sheriff Court today, 34-year-old Mourad Mosdefaoui was sentenced to two years imprisonment and made subject to the notification requirements of Section 45 of the Counter Terrorism Act 2008 for a period of 10 years after posting pro-ISIL images on Facebook, and being found in possession
A thief has had his Christmas wish granted after he asked a sheriff to put him in jail over the festive period. Gordon Wilson, 40, asked to be locked up over Christmas after he deliberately stole food from a supermarket in the hopes of being arrested.
