Lord Advocate's Reference (No 1 of 2001)
| Jurisdiction | Scotland |
| Judgment Date | 2002 |
| Neutral Citation | 2002 SCCR 435 |
| Date | 2002 |
| Court | Unspecified Court (Scotland) |
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21 cases
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Reclaiming Motion By Gordon Ross Against Lord Advocate
... ... QC), Ross; Scottish Government Legal Directorate 19 February 2016 [1] This is a reclaiming motion (appeal) from a decision of the ... (3) A reference in this Act to a person (‘P’) doing an act that is capable of ... principle is recognized in cases such as Montgomery v HM Advocate 2001 SC (PC) 1; and Millar v Dickson 2002 SC (PC) 30. The court should in ... ...
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Gordon v Scottish Criminal Cases Review Commission (Scotland)
...ground was that the jury had been directed on the law of rape in accordance with the decision in Lord Advocate's Reference (No 1 of 2001) 2002 SCCR 435, which post-dated the incident. The third ground concerned the prejudicial effect of pre-trial publicity. Each ground was considered at fir......
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Reference By Hma Against Clb
...and intention. It was to the earlier formulation that the law returned in 2002 as a result of Lord Advocate’s Reference (No 1 of 2001) 2002 SCCR 435, overruling HM Advocate v Sweenie (1858) 3 Irv 109. This Full Bench decision, by a majority of 5 to 2, determined that, if intercourse without......
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Thomas Balmer+alan Thomas Balmer+anne Balmer V. Her Majesty's Advocate
...it was relevant to note an observation made by Lord Nimmo Smith in paragraph 2 of his opinion in Lord Advocate's Reference No. 1 of 2001 2002 SCCR 435 at 461: "Ours is ... a 'live system of law' ..., and it lies within the power of this court, as custodians of the common law, to review it, ......
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2 books & journal articles
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Redefining rape: The Scottish approach
...and the Commission's Report of December 2002. 2 1994 SLT 537. 3 Hereafter, unless otherwise indicated, the appeal court'. 4 2002 SLT 466; 2002 SCCR 435. The procedure for a Lord Advocate's reference is set out in s 123 of the Criminal Procedure (Scotland) Act 1995. That section provides tha......
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Of Rights and Rhetoric: Discourses of Degradation and Exploitation in the Context of Sex Trafficking
...of Rape: MC v Bulgaria' (2005) 13 FeministLegal Studies 145±57.45 Conaghan, id., at p. 153.46 Lord Advocate's Reference (No 1 of 2001) [2002] SCCR 435; [2002] SLT 466.47 For discussion of many key issues relating to attrition in rape cases, and itsrelationship to the tenacity of the force r......