Graham Alexander Higgins Kevin Michael Higgins Appellants Against HM Advocate
| Jurisdiction | Scotland |
| Neutral Citation | 1990 SCCR 268 |
| Date | 1990 |
| Court | Unspecified Court (Scotland) |
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1 cases
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Cheshire County Council v C
...Act 1989, ss 41 and 42. Supreme Court Act 1981, s 26. Cases referred to in judgment:Higgins and Higgins v Her Majesty's Advocate [1990] SCCR 268. M and K (Child Abuse: Video Evidence), Re[1996] 1 FCR R v Ward [1993] 1 WLR 619; [1993] 2 All ER 577. Margaret de Haas for the local authority. J......
4 books & journal articles
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Table of Cases
...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......
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Moral Legitimacy and Disclosure Appeals
...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 …......
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Disclosure in Scottish Criminal Procedure: Another Step in an Inquisitorial Direction?
...(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......
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Legislating the Duty of Disclosure
...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......