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Official Report Meeting date: 14 December 2006

Plenary, 14 Dec 2006

That is why we propose the appeal mechanism.It has been suggested that judicial review would be sufficient, but there is emerging case law on that, such as the recent European Court of Human Rights case of Tsfayo v the United Kingdom. Indeed, the decision of Lord Mackay of Drumadoon in Tehrani v United Kingdom Centra...
Official Report Meeting date: 17 January 2007

Plenary, 17 Jan 2007

In the past decade, we have used part V of the Police Act 1997 to establish a system of vetting the workforce, which has been delivered through Disclosure Scotland since 2002, and the Protection of Children (Scotland) Act 2003 to establish a disqualified from working with children list, which went live in January 2005 and now includes 131 names, with a furt...
Official Report Meeting date: 23 November 2006

Plenary, 23 Nov 2006

If the minister is not minded to change the wording, a Pepper v Hart statement as to what is meant by "any adjacent place" might be helpful at stage 2 or 3.
Official Report Meeting date: 9 May 2006

Justice 2 Committee, 09 May 2006

Of course, that was a pilot that was established under part V of the Legal Aid (Scotland) Act 1986.
Official Report Meeting date: 20 April 2006

Plenary, 20 Apr 2006

I also hope that the minister will consider the important point that Kenny MacAskill and Christine Grahame made about the successful Highlands and Islands part V project. I hope that that project will be rolled out across the country.I look forward to the plan that the Executive intends to publish in the summer and to the measures that it will introduce to ...
Official Report Meeting date: 12 January 2005

Justice 1 Committee, 12 Jan 2005

There has been case law on that point; the High Court ruled on it in the case of Webster v Dominick—2003 SCCR 525. Talking about lewd and libidinous conduct, the Lord Justice Clerk said:"In the modern law, where indecent conduct is directed against a specific victim who is within the class of persons whom the law protects, the crime is that of lewd, indecen...
Official Report Meeting date: 24 November 2004

Justice 1 Committee, 24 Nov 2004

I am being generous with this debate because of the Pepper v Hart scenario and so that we get you on the record and are clear about what the bill is driving at.
Official Report Meeting date: 2 September 2003

Justice 2 Committee, 02 Sep 2003

In the recent case of Her Majesty's Advocate v Hampson and others, the Crown sought the common-law powers of the court to make whatever arrangements were deemed suitable.
Official Report Meeting date: 6 June 2002

Social Justice Committee, 06 Jun 2002

It is obviously possible to justify interference with that right.Article 6 requires that in a dispute involving a person's civil rights and obligations, they are entitled to a fair and independent tribunal. A number of cases, such as Airey v Ireland, suggest that there should be some sort of equality of arms in the determination of such disputes.
Official Report Meeting date: 6 March 2002

Plenary, 06 Mar 2002

Does the minister agree that questions remain from the case of Her Majesty's Advocate v Anderson, which to some extent defined the relationship between a solicitor and their client?

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