HM Advocate v R

JurisdictionScotland
Neutral Citation2001 SCCR 915,2003 SCCR 19
Year2001
Date2001
CourtHigh Court of Justiciary

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8 cases
  • "R" v HM Advocate and Another
    • United Kingdom
    • Privy Council
    • 28 November 2002
    ...Lord Advocate would be acting incompatibly with the defendant's Convention rights. 3 Lord Reed dismissed the plea in bar: HM Advocate v R 2001 SLT 1366. The Criminal Appeal Court (Lord Coulsfield, Lord Cameron of Lochbroom and Lord Caplan) dismissed the appeal: HM Advocate v R 2002 SLT 834.......
  • Somerville and Others v Scottish Ministers (HM Advocate General for Scotland intervening)
    • United Kingdom
    • House of Lords
    • 24 October 2007
    ...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......
  • Kenneth Anthony Paton Mills v HM Advocate and Another
    • United Kingdom
    • Privy Council
    • 22 July 2002
    ..."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......
  • Dyer v Watson and Another; HM Advocate v K
    • United Kingdom
    • Privy Council
    • 29 January 2002
    ...of the considered judgment of the Appeal Court. Secondly, the question has recently been considered by Lord Reed in HM Advocate v R 2001 SLT 1366 in a very full judgment which is itself, as I understand, to be reviewed by the Appeal Court and which may culminate in an appeal to the Board. I......
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