Search results
Results from the WOW.Com Content Network
Cadder v HM Advocate [2010] UKSC 43 (26 October 2010) is a decision in which the Supreme Court of the United Kingdom held that the way in which police in Scotland detained suspects was not compatible with the European Convention on Human Rights and was therefore unlawful in terms of the Scotland Act 1998.
Reaffirming that the High Court remained the final court of appeal in criminal matters in Scotland and that the Supreme Court had no jurisdiction to review the merits of its decisions made in exercise of that function, [6] he ruled that the Appeal Court had applied the wrong test in law in relation to article 6(1), namely, whether they believed ...
Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder , culpable homicide , rape and assault , offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace .
In October 2010, following the ruling in Cadder v HM Advocate, a Supreme Court judgement ruling the lack of access to a solicitor in law for persons detained by police under section 14(1) of the Criminal Procedure (Scotland) Act 1995 unlawful, the Scottish Government asked the Lord President to nominate a single High Court judge to lead an independent review of Scottish criminal law and practice.
The United Kingdom, judicially, consists of three jurisdictions: England and Wales, Scotland, and Northern Ireland. [4] There are important differences among Scots law, English law and Northern Irish law in areas such as property law, criminal law, trust law, [8] inheritance law, evidence law and family law while there are greater similarities in areas of UK-wide interest such as commercial ...
The Treaty of Union between Scotland and England, which formed the Kingdom of Great Britain, required that the High Court of Justiciary "remain in all time coming, as it is now constituted by the laws of [the Kingdom of Scotland]." As a result, the Courts Act 1672 continues to be the original source of the court's authority to regulate.
Moorov v His Majesty's Advocate 1930 JC 68 is a Scots criminal and evidence law case that concerns admissibility of similar fact evidence. [1] The High Court of Justiciary established the Moorov doctrine [2] in its judgment, which is predominantly used in criminal prosecutions involving allegations of rape and sexual abuse.
In October 2010, Lord Carloway was asked by the then Justice Secretary Kenny MacAskill to undertake a review of the Scottish criminal law following the decision by the UK Supreme Court in the case of Cadder v HM Advocate. The report was released in November 2011 and became known as the Carloway Review. [10]