Grant Alistair Cameron V. Procurator Fiscal Livingston
| Jurisdiction | Scotland |
| Court | High Court of Justiciary |
| Judge | Lord Brailsford,Lord Eassie,Lord Osborne |
| Neutral Citation | [2012] HCJAC31 |
| Published date | 22 February 2012 |
| Docket Number | XJ479/11 |
| Date | 14 February 2012 |
| APPEAL COURT, HIGH COURT OF JUSTICIARY | |
| Lord Eassie Lord Brailsford Lord Osborne |
[2012] HCJAC31 XJ479/11 OPINION OF THE COURT (No. 2) delivered by LORD EASSIE in APPEAL UNDER SECTION 174 OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 by GRANT ALISTAIR CAMERON Appellant; against PROCURATOR FISCAL, LIVINGSTON Respondent: _____________ |
Appellant: Shead et Mackenzie; Adams Whyte, Livingston
Respondent: A Stewart QC AD: Crown Agent
Advocate General: E Creally QC; Solicitor to the Advocate General
14 February 2012
[1] Following the issuing of our opinion in this appeal on 8 February 2012 the Crown has invited us, in terms of section 102 of the Scotland Act 1998, to limit the retroactive effect of the decision which we announced in that earlier opinion to the effect that, in terms of section 29 of the Scotland Act 1998, section 58 of the Criminal Justice and Licensing (Scotland) Act 2010 is not law.
[2] The limitation suggested to us is that retroactive effect should be confined to, first, any case (in which bail has been granted) which has not yet proceeded to trial or in which the trial is still in progress and, secondly, any appeal which has been brought timeously but has not yet been concluded. In other words, retroactive effect would not extend to any case already concluded by a plea or finding of guilt and in which no appeal has been brought or, if an appeal has been brought, that appeal has been...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
