£10,000 damages claim over ‘unlawful’ refusal to release prisoner on home detention curfew dismissed
A short-term prisoner who claimed that a decision not to release him on a home detention curfew licence breached his human rights has had an action for £10,000 damages dismissed.
Sheriff Court — 20 June 2019
The Crown has successfully appealed against a trial judge’s decision to sustain a “no case to answer” submission by a man accused of the abduction, assault and rape of his partner, who had given evidence that she “consented” to sex “but just to calm him down”. The trial judge had held that the complainer’s testimony did not amount to rape because she
Appeal Court of the High Court of Justiciary — 19 June 2019
Appeal judges have criticised a sheriff’s decision to allow the removal of a screen behind which a domestic abuse victim had given evidence against her former partner in order for a dock identification to take place.
Appeal Court of the High Court of Justiciary — 18 June 2019
A computer repair expert found guilty of being in possession of indecent images of children who claimed that he did not have knowledge of the photographs has had an appeal against his conviction dismissed.
Appeal Court of the High Court of Justiciary — 17 June 2019
Prosecutors have successfully appealed against a sheriff’s decision to acquit a landlord accused of racially aggravated harassment after he called a tenant a “f*cking black bastard”.
Sheriff Appeal Court — 14 June 2019
Prosecutors have successfully challenged a judge’s decision to uphold a “no case to answer” submission made during a rape trial.
Appeal Court of the High Court of Justiciary — 13 June 2019
A mental health nurse who was struck-off has had an application to appeal against the decision rejected because it was lodged six days after the expiry of the statutory time limit.
Court of Session Inner House — 12 June 2019
News publishers who appealed over articles defamatory of a man in respect of his behaviour towards his former wife have had their appeal dismissed by justices in the Supreme Court on the basis the “serious harm” test was satisfied.
UK Supreme Court — 12 June 2019
A man found guilty of two charges of rape who claimed that the trial judge “distracted” the jury by giving an “inappropriate and unnecessary” direction on the issue of reasonable belief of consent has had an appeal against his convicted rejected.
Appeal Court of the High Court of Justiciary — 11 June 2019
A solicitor who claimed that a series of complaints made against her should have been rejected as “totally without merit” or “vexatious” has successfully appealed against decisions by the Scottish Legal Complaints Commission to remit the claims to the Law Society of Scotland for investigation.
Court of Session Inner House — 10 June 2019
A British citizen wanted by authorities in Taiwan to serve a prison sentence after he was found guilty of negligent manslaughter following a drink-driving accident has successfully appealed against an order for his extradition.
Appeal Court of the High Court of Justiciary — 7 June 2019
Armed robber who claimed ‘miscarriage of justice’ over alleged misdirection loses appeal against conviction
A man found guilty of an armed robbery committed while wearing a Mexican wrestling mask who claimed he suffered a “miscarriage of justice” as a result of the advocate depute’s speech to the jury on the forensic evidence has had his appeal against conviction rejected.
Appeal Court of the High Court of Justiciary — 6 June 2019
The Crown has successfully challenged the sentence of detention in a young offenders’ institution imposed on a 16-year-old boy convicted of sex offences.
Appeal Court of the High Court of Justiciary — 5 June 2019
A man accused of inducing a 14-year-old American girl to send him naked pictures of herself and enticing her to carry out sexual acts over the internet will not be extradited from Scotland to the United States.
Sheriff Court — 4 June 2019
Motorist who claimed speeding prosecution notice signed by former police chief was ‘invalid’ fails in appeal
A motorist accused of speeding who claimed that a notice of intended prosecution was invalid because it bore a digital signature of the former chief constable has had his appeal rejected.
Sheriff Appeal Court — 3 June 2019