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Last updated:
12 March 2021
Revised explanatory notes at stage 2
This interpretative obligation is analogous to the obligation created by section 3 of the Human Rights Act 1998, the effect of which has been the subject of judicial consideration in a number of cases (see for example Ghaidan v Godin-Mendoza [2004] UKHL 30). 16 This document relates to the United Nations Convention on the Rights of the Child (Incorporation)...
Official Report
Meeting date:
17 November 2020
Justice Committee 17 November 2020
For example, the case of William Walls v procurator fiscal, Kilmarnock, reflected the issues of the singing of the lyrics “the famine is over, why don’t you go home”, as well as calling someone “a fenian” b-word.
Official Report
Meeting date:
9 July 2020
Meeting of the Parliament (Hybrid) 09 July 2020
We know from our Scottish Government analysis that the recovery is unlikely to be V-shaped and will, instead, be more protracted.
Official Report
Meeting date:
14 January 2014
Delegated Powers and Law Reform Committee 14 January 2014
That option is excluded by the Salvesen v Riddell judgment. There also seems to be a difference of view as to what will happen to group 3 cases when they reawaken in the Land Court.
Official Report
Meeting date:
31 January 2012
Justice Committee 31 January 2012
It is interesting to note Lord Hamilton’s observations in the case of Petch and Foye v Her Majesty’s Advocate. He referred to the fact that there was a time when there could have been that discretion, but that there is now a legislative framework.Judges will often exercise discretion in sentencing.
Official Report
Meeting date:
1 May 2012
Health and Sport Committee 01 May 2012
If we still had a gap, we got back round the table.I have not had to allocate targets to the directors; they have all behaved corporately.
Official Report
Meeting date:
28 February 2018
Local Government and Communities Committee 28 February 2018
Let us face it: planning is often seen as a David v Goliath battle. However, that is not the case.
SPICe briefings
Date published:
11 September 2020
Issue 13: EU-UK Future Relationship Negotiations
In this vein, the EU may require that standards continue to stay aligned in the future, hinting to a mechanism of “dynamic alignment” measured against the EU rules (e.g. on state aid); in other areas, it may demand at least the guarantees of “non-regression” and “ratcheting-up” (e.g. on sustainable development, social and labour rights, environmental protection) (see Box 5).
Box 5: non-regression v. dynamic alignment v. ratchet-up
If States A and B commit to “non-regression,” they are each free to pass new laws, as long as they do not weaken the standards they had at the time of the commitment.
Last updated:
25 October 2019
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Act 2004 (trafficking people for exploitation), (iiia) an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015), 18 This document relates to the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill (SP Bill 34) as introduced in the Scottish Parliament on 12 June 2018 (iv) an offence the commission of which involves domestic abuse, or (v) an offence of stalking, or (d) there is considered to be a significant risk of harm to the person by reason only of the fact that the person is giving or is to give evidence in the proceedings. (1AA)The Scottish Ministers may by order subject to the affirmative procedure modify subsection (1)(c). (2) In determining whether a person is a vulnerable witness by virtue of subsection (1)(b) or (d) above, the court shall take into account— (a) the nature and circumstances of the alleged offence to which the proceedings relate, (b) the nature of the evidence which the person is likely to give, (c) the relationship (if any) between the person and the accused, (d) the person's age and maturity, (e) any behaviour towards the person on the part of— (i) the accused, (ii) members of the family or associates of the accused, (iii) any other person who is likely to be an accused or a witness in the proceedings, and (f) such other matters, including— (i) the social and cultural background and ethnic origins of the person, (ii) the person's sexual orientation, (iii) the domestic and employment circumstances of the person, (iv) any religious beliefs or political opinions of the person, and (v) any physical disability or other physical impairment which the person has, as appear to the court to be relevant. (3) For the purposes of subsection (1)(a), section 271B(1)(b) and sections 271BZA to 271BZC above and section 271B(1)(b) below, proceedings shall be taken to have commenced— 19 This document relates to the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill (SP Bill 34) as introduced in the Scottish Parliament on 12 June 2018 Formatted: BillSectionPara, Indent: Left: 1.75 cm, Hanging: (a) where it is relevant to a court’s consideration of whether to 0.75 cm, Tab stops: 2.5 cm, Left + Not at 1.5 cm authorise the use of the special measure of taking evidence by commissioner (on its own or in combination with any other special measure) and the accused has appeared on petition, on the date when the accused appeared on petition, or (b) in any other case, on the date commenced when the indictment or, as the case may be, complaint is served on the accused. (4) In subsection (1)(b) above, the reference to the quality of evidence is to its quality in terms of completeness, coherence and accuracy. (4A) In determining whether a person is a vulnerable witness under subsection (1)(b) or (d), the court must— (a) have regard to the best interests of the witness, and (b) take account of any views expressed by the witness. (5) In this section and sections 271A to 271M of this Act— “child witness” means a vulnerable witness referred to in subsection (1)(a), “court” means the High Court or the sheriff court, “deemed vulnerable witness” means a vulnerable witness referred to in subsection (1)(c), “hearing in relevant criminal proceedings” means any hearing in the course of any criminal proceedings in the High Court or the sheriff court. (6) In sections 271A to 271M of this Act, “special measure” means any of the special measures set out in, or prescribed under, section 271H below.
Official Report
Meeting date:
9 February 2021
Meeting of the Parliament (Hybrid) 09 February 2021
Given that the overturning of the Hester v MacDonald decision means that the Lord Advocate can now be held liable for serious errors from the past, what assurance can he offer that there are no other skeletons lurking in the Crown Office closet?
