HM ADVOCATE Prosecutor against JOHN CUMMING Accused

JurisdictionScotland
Neutral Citation1983 SCCR 15
Date1983
CourtSheriff Court
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3 cases
  • James Paterson V. Here Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 24 August 2010
    ...whether the address in box 5 was within her jurisdiction. Counsel referred to HM Advocate v Welsh 1987 SCCR 647; HM Advocate v Cumming 1983 SCCR 15; and Bell v HM Advocate 1988 JC 69. The warrant was accordingly invalid and should be suspended. [4] The Advocate depute submitted that suffici......
  • Her Majesty's Advocate V. Dean Foulis And Grant Young
    • United Kingdom
    • High Court of Justiciary
    • 13 March 2002
    ...an undated warrant is incompetent." [6]The advocate depute also referred us to cases concerning statutory warrants, namely, HMA v. Cumming 1983 SCCR 15: Tudhope v. Senatti Holdings Ltd 1984 SCCR 251: Brown v. HMA 1998 SCCR 356 and Aziz v. HMA 1998 SCCR 736. He submitted that it could not be......
  • Hm Advocate v Foulis and Young
    • United Kingdom
    • High Court of Justiciary
    • 13 March 2002
    ...withdraw the minute previously lodged. The Crown appealed to the High Court of Justiciary. Cases referred to: Advocate HM v CummingUNK 1983 SCCR 15 Advocate HM v StrachanUNK 1990 SCCR 341 Advocate HM v Welsh 1988 SLT 402 Allan v TantSC 1986 JC 62 Aziz v HM Advocate 1999 SLT 451 Brown v HM A......
1 books & journal articles
  • Moral Legitimacy and Disclosure Appeals
    • United Kingdom
    • Edinburgh Law Review No. , May 2010
    • 1 May 2010
    ...the courts have typically been unwilling to admit any evidence found in the illegal search.2323See, for example: HM Advocate v Cumming 1983 SCCR 15; McAvoy v Jessop 1988 SLT 621. The same approach has been taken where the terms of a warrant are exceeded – Singh v HM Advocate 2001 JC 186. In......

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