Advocate (HM) v R

JurisdictionScotland
Year2002
Date2002
CourtHigh Court of Justiciary
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6 cases
  • Spiers (Procurator Fiscal) v Ruddy
    • United Kingdom
    • Privy Council
    • 12 December 2007
    ... ... , Prosecutor Fiscal Appellant and Kevin Gerard Ruddy (Scotland) Respondent Her Majesty's Advocate General for Scotland Intervener [2007] UKPC D2 ... Present at the hearing: - ... Lord Bingham of Cornhill ... 7 Judgment in R v HM Advocate [2002] UKPC D3 2003 SC (PC) 21 [2004] AC 462 was given on 28 November 2002. It was a case in which an accused complained that criminal ... ...
  • Barrie Tonner And Another V. Reiach And Hall
    • United Kingdom
    • Court of Session
    • 12 June 2007
    ... ... and ANOTHER Pursuers and Respondents ; against REIACH and HALL Defenders and Reclaimers : _______ Act: Drummond, Solicitor Advocate; Shepherd & Wedderburn (Pursuers and Respondents) Alt: Howie, Q.C., Thomson; DLA Piper Rudnick Gray Cary Scotland (Defenders and Reclaimers) 12 ... In that situation the appropriate remedy was the termination of these proceedings. Reference was made to R v HM Advocate 2003 SC (PC) 21 and Attorney General's Reference (No. 2 of 2001) [2004] 2 AC 72. [21] Mr. Thomson then submitted that the effect of the ... ...
  • "R" v HM Advocate and Another
    • United Kingdom
    • Privy Council
    • 28 November 2002
    ...SLT 1366. The Criminal Appeal Court (Lord Coulsfield, Lord Cameron of Lochbroom and Lord Caplan) dismissed the appeal: HM Advocate v R 2002 SLT 834. The defendant appealed to the Privy Council. It is common ground that the appeal must be considered on the assumption that there has been a br......
  • In The Petitions Of Andrew Somerville, William Cairns, Samuel Ralston, Ricardo Blanco And David Henderson V. The Scottish Ministers
    • United Kingdom
    • Court of Session
    • 3 November 2006
    ...in Dyer v Watson 2002 UKPC D. 1; 2002 SC (PC) 89. While not endorsing everything said in the judgments under appeal (HM Advocate v R 2002 SLT 834) the emphasis in them on the fact that a breach of a reasonable time guarantee did not invariably result in a stay or dismissal of the proceeding......
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