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Acts

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Trustunion Llc and Another, Re Recall of A Restraint Order: SCS 16 Apr 2015

Recall of a restraint order granted on the Petition at the instance of Her Majesty’s Advocate in terms of the Proceeds of Crime (Scotland) Act 1995 s. 28 whereby the first Noter was interdicted from dealing with its realisable property including specifically the dwelling house Citations: [2015] ScotCS CSOH – 38 Links: Bailii Statutes: Proceeds … Continue reading Trustunion Llc and Another, Re Recall of A Restraint Order: SCS 16 Apr 2015

Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. … Continue reading Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

Holland v Her Majesty’s Advocate (Devolution): PC 11 May 2005

The defendant appealed his convictions for robbery. He had been subject to a dock identification, and he complained that the prosecution had failed in its duties of disclosure. Held: The combination of several failings meant that the defendant had not received a fair trial, and the appeal was allowed. The practice of dock identification was … Continue reading Holland v Her Majesty’s Advocate (Devolution): PC 11 May 2005

Regina v Soneji and Bullen: HL 21 Jul 2005

The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005

Mcintosh v HM Advocate: HCJ 31 Oct 2000

An application for a confiscation order following a drugs trial, was subject to the requirement of a presumption of innocence. The assumptions required of a court under the Act as to the source of assets acquired by the convicted person violated that presumption of innocence. The section required nothing of the Crown to even suggest … Continue reading Mcintosh v HM Advocate: HCJ 31 Oct 2000

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

HM Advocate v McAllister: HCJ 7 Oct 2014

The defendant had been convicted of an offence of supplying drugs whilst on licence for a similar offence. The court considered a request for an order under the 2002 Act. Lord Boyd of Duncansby [2014] ScotHC HCJ – 112 Bailii Criminal Procedure (Scotland) Act 1995 76, Misuse of Drugs Act 1971 4(3)(b), Proceeds of Crime … Continue reading HM Advocate v McAllister: HCJ 7 Oct 2014