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Recent Decisions in Extradition Cases

February 25, 2015

EXTRADITION LAW RECENT CASES JUNE 2013 A : CONVENTION RIGHTS ARTICLE 3 Ergashev V Russia (2012) App. No. 49747/11 ( European Court of Human Rights, First Section) ARTICLE 7 Minister for Home Affairs of the Commonwealth v Zentai [2012] HCA … Continue reading

Recent Appeal Court Decisions

Dock identification Since the time of the decision of the Judicial Committee of the Privy Council in Holland v HMA 2005 SCCR 417 it has been the expectation of practitioners, at least in solemn cases, that where the question of … Continue reading

Guidance on Prior Statements and Hearsay Evidence

This guidance accompanied a talk given by Brian McConnachie QC in June 2012.  The hand-out is designed to be, in so far as possible, a guide to prior statements and hearsay evidence which hopefully helps practitioners in a real practical way … Continue reading

Admissibility of Hearsay Evidence

HMA v Stewart & another This was a murder trial which concluded on Monday 3rd October in Glasgow. At an early point in the trial, the cross examination of the first Crown witness by Senior Counsel for the first accused, … Continue reading

Internet Searches by Jurors

HMA v Blenkinsop & oths This was a significant drugs trial which finally concluded on 4th October 2011 with five accused being sentenced to lengthy sentences of imprisonment for importation of cocaine. The trial first took place in October/November 2011 … Continue reading

David Young QC Returns to Private Practice

Following seven years as an Advocate Depute, David Young QC has returned to practice as a defence Advocate and become a member of Black Chambers. Working initially as a Trial AD followed by four years as a Senior AD handling … Continue reading

The Decision in Cadder: The Immediate Implications

Cases in respect of which leave to appeal was refused In a significant number of cases leave to appeal was refused both before the decision in McLean and after it was announced in October 2009. It is open to those … Continue reading

Scottish Law Commission Report on Double Jeopardy

The Scottish Law Commission recently published their report on the issue of the double jeopardy rule. This is, of course, the rule that prevents someone facing trial again for a matter in respect of which they have been acquitted. It … Continue reading

Sentencing Guidelines for Punishment Parts

HMA v Boyle & Others This is a five bench decision in a Crown Appeal against sentence. The actual circumstances of the cases involved are not of the greatest importance however the case is of considerable significance to all criminal … Continue reading

Decision on Salduz Test Case

The seven judge Bench convened to consider the reference under the Scotland Act made by the Sheriff at Forfar in the case of HMA v McLean has rejected the submission made by counsel for the accused Chris Shead of Black … Continue reading

Heroes’ Welcome After Epic Journey Raises £11,000

Advocate Lorenzo Alonzi and sons Riccardo and Gianluca arrived to an unforgettable welcome in their ancestral village home in Italy after a cycle marathon of nearly 3,000 kilometres from Edinburgh. Supporters and friends have been so impressed by the epic … Continue reading

University Honour for Frances McMenamin

Frances McMenamin QC has received an honorary degree from the University of Strathclyde. The leading advocate was made a Doctor of the University at Strathclyde’s Barony Hall during the annual University Day celebrations. She was recognised for her outstanding contribution … Continue reading