HM ADVOCATE Petitioner against SCOTTISH MEDIA NEWSPAPERS Ltd JOHN SCOTT IAIN DUFFs
| Jurisdiction | Scotland |
| Neutral Citation | 1999 SCCR 599 |
| Date | 1999 |
| Court | High Court of Justiciary |
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9 cases
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R V. Her Majesty's Advocate And The Advocate General For Scotland
...committed, let alone whether a plea of bar has been made out (cf. Stuurman v. H.M.A 1980 JC 111: H.M.A v. Scottish Media Newspapers Ltd. 1999 SCCR 599). But where the Court does not proceed to uphold the plea of bar, it does not then concern itself with whether any lesser remedy may be appr......
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McGowan (Procurator Fiscal)
...the determination of how we should perform our task. As Lord Rodger of Earlsferry declared in HM Advocate v Scottish Media Newspapers Ltd 2000 SLT 331, 333, the Lord Advocate simply has no power to move the court to grant any remedy which would be incompatible with the European Convention o......
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David Shields Montgomery (Appellant) HM Advocate and Another (Respondents) Andrew Alexander Marshall Coulter (Appellant) HM Advocate and Another (Respondents)
...section does not apply to an act of the Lord Advocate "in prosecuting any offence." 69In H.M. Advocate v. Scottish Media Newspapers Ltd. 2000 S.L.T. 331, 333C the Lord Justice General (Rodger) said that the effect of section 57(2) is that, subject to section 57(3), the Lord Advocate cannot ......
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The Lord Advocate For Judicial Review Of A Finding By Sheriff Annella M Cowan Dated 14 December 2004 In Respect Of The Expenses At A Fatal Accident In
...(see Sinclair v HM Advocate, JCPC, 11 May 2005 per Lord Hope of Craighead at paragraph 37; and HM Advocate v Scottish Media Newspapers Ltd 2000 SLT 331 per the Lord Justice General (Lord Roger of Earlsferry) at 333c). In particular the decision on the holding of an FAI and the manner in whi......
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1 books & journal articles
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The European Convention and the Independence of the Judiciary ‐ The Scottish Experience
...to all criminal prosecutions inScotland, whether brought under summary or solemn procedure6Lord Advocate vScottish Media Newspapers Ltd 1999 SCCR 599.7Her Majesty’s Advocate vDavid Shields Montgomery and another 2000 JC 111, HCJ at 117.8H M Advocate vWilliam Maxwell Little 1999 SCCR 625, pe......