Graham Alexander Higgins Kevin Michael Higgins Appellants Against HM Advocate

JurisdictionScotland
Neutral Citation1990 SCCR 268
Year1990
Date1990
CourtUnspecified Court (Scotland)

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4 books & journal articles
  • Table of Cases
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 11-4, October 2007
    • 1 October 2007
    ...223, 228Harris v DPP [1952] AC 694. . . . . . . . . . . . . . . . . 78Hasson v HMA 1971 SLT 199 . . . . . . . . . . 160, 161Higgins v HMA 1990 SCCR 268 . . . . . . . .158, 162HM Advocate v Doherty 1980SLT (Notes) 33 . . . . . . . . . . . . . . . . . . . . . . . . 120HMA v Ashrif 1988 SLT 56......
  • Moral Legitimacy and Disclosure Appeals
    • United Kingdom
    • Edinburgh University Press Edinburgh Law Review No. , May 2010
    • 1 May 2010
    ...duty was first formally recognised in McLeod Ptr 1998 JC 67. Prior to this, some denied any such duty existed: Higgins v HM Advocate 1990 SCCR 268 at 269 per Lord Cowie. “Material” evidence has, to date, been defined as “any evidence which would tend to undermine the prosecution's case or …......
  • Disclosure in Scottish Criminal Procedure: Another Step in an Inquisitorial Direction?
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 11-3, July 2007
    • 1 July 2007
    ...(statements) made to the Crown, toTHE INTERNATIONAL JOURNAL OF EVIDENCE & PROOF 159DISCLOSURE IN SCOTTISH CRIMINAL PROCEDURE25 1990 SCCR 268. In the interests of accuracy, it should be noted that the Lord Advocate of the time(the head of the Scottish prosecution service) denied that this wa......
  • Legislating the Duty of Disclosure
    • United Kingdom
    • Edinburgh University Press Edinburgh Law Review No. , September - June 2009
    • 1 June 2009
    ...SLT (News) 105 at 105. A defence submission that a duty of disclosure existed was described as “impertinent” in Higgins v HM Advocate 1990 SCCR 268 at 269 per Lord Cowie. The scope of this duty has been contentious, resulting in a number of appeals reaching the Privy Council.22See, most rec......