Catch up with the latest news.
"The Assessor" in terms of s.210B Criminal Procedure (Scotland) Act 1995
The purpose of this note is to consider the role of the assessor in relation to the risk assessment under section 210B of the Criminal Procedure (Scotland) Act 1995. In doing so, reference is given to how the role of assessor may vary in accordance with the particular forum… Read more ...Be Pedantic & Always Check the Small Print
In a recent case, my client received a summons at the beginning of the year containing five charges, four of which were police assaults. As the trial was about to commence in July, it was discovered that the Court's principal copy of the summons had never been signed by the… Read more ...The Hillsborough Report: Legal Implications
Recent charges proffered upon Rebekah and Charlie Brooks indicate that the CPS has an appetite for prosecuting high profile allegations of perverting the course of justice. The Hillsborough Report found; -Police attempted to change the record of events by removing unfavourable comments about policing in 116 witness statements and… Read more ...Discussion encouraged on victim statements
Victims of crime could have the right to make a pre-recorded oral statement before sentencing to tell the court how a crime has affected them, Justice Secretary Kenny MacAskill has said. At present, a victim can make a written statement, but not an oral one – an issue which Victim… Read more ...Erosion of fundamental rights
The European Data Protection Supervisor (EDPS) has adopted his opinion on the amended Commission proposal for a Regulation of the European Parliament and of the Council on the establishment of 'EURODAC' for the comparison of the fingerprints of asylum seekers. EURODAC is the European database system used to identify asylum… Read more ...Scottish Government outlines criminal justice priorities
As part of its legislative agenda for 2012-13, the Scottish Government has announced its intention to introduce a number of bills that will impact on the criminal justice system in Scotland. The Criminal Justice Bill will reform and modernise the system for investigation and prosecution of crime in Scotland. It… Read more ...Fines collection remains strong across Scotland
Fines collection remains strong across Scotland and a report issued by the Scottish Court Service shows that 90% of the value of sheriff court finesimposed over a three year period from 2008 to 2011 has either been paid or is on track to be paid through instalments.Since 2008, more than… Read more ...Prison sentence for rapist after consent to sex withdrawn
A man has been sentenced at the High Court in Edinburgh to five years imprisonment after being found guilty of rape and theft occurring in March 2011 in Glasgow. The case was prosecuted under the new Sexual Offences (Scotland) Act 2009, specifically the provisions which set out that if a… Read more ...Police target unlicensed and uninsured drivers
The latest police campaign, coordinated by the Association of Chief Police Officers in Scotland (ACPOS), to detect unlicensed and uninsured drivers has resulted in over 100 vehicles being seized.The campaign, which ran for three days in August, detected 248 driving offences in total, with 179 relating to uninsured drivers and… Read more ...