HM Advocate v R
| Jurisdiction | Scotland |
| Neutral Citation | 2001 SCCR 915,2003 SCCR 19 |
| Year | 2001 |
| Date | 2001 |
| Court | High Court of Justiciary |
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18 cases
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Kenneth Anthony Paton Mills v HM Advocate and Another
..."act" of the Lord Advocate for the purposes of section 57(2) of the Scotland Act. That question is for another day: see HM Advocate v R 2001 SLT 1366; R v HM Advocate (Appeal No 817/01), ( unreported) 31 May 2002. All that needs to be said about it at this stage is that it should be borne i......
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MARTIN ROBERTSON v K FRAME (Procurator Fiscal, Aberdeen)
...SCCR 336 Philip v Earl of Rosslyn (1833) 5 Scottish Jurist 433 R v HM AdvocateUNKSCUNKELRWLR [2002] UKPC D3; 2003 SC (PC) 21; 2003 SLT 4; 2003 SCCR 19; [2004] 1 AC 462; [2003] 2 WLR 317 Robertson v HigsonUNK [2005] HCJAC 2; 2005 1 JC 210; 2005 SLT 131; 2005 SCCR 134 Russell v Colquhoun (184......
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Calum Jones+john Doyle V. Her Majesty's Advocate
...The crown having elected to prosecute the appellant, that amounted to a breach of Article 6 and trial ought to be barred (R v HM Advocate 2003 SCCR 19). The plea should have been sustained. CROWN [72] The Advocate Depute seemed content initially to accept the remarks in R v Looseley (supra)......
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Somerville and Others v Scottish Ministers (HM Advocate General for Scotland intervening)
...Conclusion on issue 1 193 I find myself, as a result, in full agreement with Lord Reed in the High Court of Justiciary in HM Advocate v R 2001 SLT 1366, para. 40, when he said that "Where the act is not delictual under the ordinary law, then section 57(2) [of the Scotland Act] does not conf......
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