DOCSLIB.ORG

Chapter 23 Plea Adjustment

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Chapter 23 Plea Adjustment BOOK OF REGULATIONS CHAPTER 23 PLEA ADJUSTMENT CHAPTER 23 - PLEA ADJUSTMENT 23.01 INTRODUCTION the Procurator Fiscal considers that it is in the public interest to do so. Having taken a decision at the case marking stage to commence criminal In a written answer given to a question proceedings and having selected the asked in the House of Commons on 10th charges which appear at that stage to be December 1981 the then Solicitor General appropriate, Procurators Fiscal remain stated that: “If satisfactory pleas can be under a duty throughout the lifetime of a adjusted valuable court time is freed to case to continually consider, at each stage permit other cases to be heard. This creates of the case, the action on the part of the speedier justice which is…a very desirable Procurator Fiscal which best serves the aim.” public interest in the effective administration of criminal justice. In the American case of Santobello v New Procurators Fiscal are not obliged to York 404 US 257 (1971) the process of proceed to trial in respect of every charge ‘plea bargaining’ was described as “..an libelled, or all proceedings raised, against essential component of the administration an accused person. of justice. Properly administered, it is to be encouraged…It leads to prompt and The Procurator Fiscal’s discretion extends largely final disposition of … criminal to the resolution of criminal proceedings cases.” by the acceptance of adjusted pleas where this is considered by the Procurator Fiscal In the English case of R v Fraser (1982) 4 to be in the public interest in all the Cr. App. R (S) 254 the court commented circumstances of the case, a process that: “The principal way in which a plea of hereafter referred to as ‘plea adjustment’. guilty can be prayed in aid by way of mitigation is that it can be said to The legitimacy of plea adjustment as a demonstrate, in at least some cases, true proper exercise of prosecutorial discretion remorse on the part of the criminal was recognised by the High Court in the concerned…It is also desirable in…any case of Boyle v HMA 1976 JC 32, where trial…that it should not be unnecessarily it was stated that: “In Scotland the master or unreasonably prolonged and made of the instance in all prosecutions for the unnecessarily or unreasonably expensive public interest is the Lord Advocate. It is either for the clients or for society in for him to decide when and against whom general…[C]riminals should be to launch prosecution and upon what encouraged, so far as it is possible, not to charges. It is for him to decide in which indulge in the sort of tactics which…result court they shall be prosecuted. It is for in the unnecessary and unreasonable him to decide what pleas of guilt he will prolongation of trials and consequent accept and it is for him to decide when to expenditure of public money.” withdraw or abandon proceedings.” From an ECHR perspective there is Procurators Fiscal have a duty to consider nothing to suggest that well-informed, pleas offered by the defence, short of responsible plea negotiation will be guilty as libelled to all charges against an regarded as incompatible with the accused person, and to accept them where convention rights of the accused or the victim. February 2001 1 BOOK OF REGULATIONS CHAPTER 23 PLEA ADJUSTMENT In X, Y and Z v Austria 1980 EHRR devoted to other cases in which the 270, the European Court of Human Rights adjustment of pleas is not appropriate. held that Article 6 does not prevent the public prosecutor from deciding not to Irrespective of any approach from the prosecute or to withdraw the indictment. defence, Procurators Fiscal have a duty in It should also be noted that Article 6(2) preparing any case for trial to consider the imposes no general duty on the State to issue of plea adjustment so as to be able to compensate any accused who is not finally give proper consideration to any approach convicted, for the period spent on remand ultimately made by or on behalf of the (Sekanini v Austria 17 EHRR 221). accused. From the victim’s perspective, it was Further, Procurators Fiscal may consider it confirmed in Dubowska and Skup v appropriate, in suitable cases, to take the Poland 24 EHRR CD 75, that Article 6 initiative and approach the defence, time does not confer a right to have criminal permitting, in order to advise them in proceedings brought against a third party. advance of trial of the pleas which would Nor should any Convention right of a be acceptable to the Crown as a means of victim of serious crime under Article 8 to resolving the proceedings. However, such “effective criminal law provisions” (X and an indication on behalf of the Crown Y v the Netherlands 8 EHRR 235) be should not be given in open court (see interpreted as impinging on prosecutorial Latto & Others v Vannet 1997 SCCR discretion. The breach of the victim’s 721). Convention rights in that case arose from the public prosecutor’s inability to take The guidance given in this chapter relates criminal proceedings, rather than a to the adjustment of pleas, a process which discretionary decision not to do so. necessarily involves concessions by the Crown, in the form of acceptance of pleas The benefits of resolution of appropriate of not guilty to one or more of the charges cases by plea adjustment may be said to against the accused or the acceptance of include: pleas of guilty to alternative charges or to charges subject to amendment, and by the • The prompt disposal of the case; accused, in the form of pleas of guilty to • The process involves the admission one or more of the charges against him. and acknowledgement of guilt on the part of the accused and a willingness Procurators Fiscal should bear in mind on his part to accept responsibility for that, whilst the unjustifiable acceptance of his conduct; pleas of not guilty and the unjustifiable • The accused’s acceptance of guilt deletion of aggravations by the Crown permits his position to be put fully to may give rise to liability in relation to any the court in a way which contributes to perceived failure to adequately protect and the most appropriate disposal of the enforce the convention rights of victims, case by the court; the justifiable acceptance by the Crown of • Victims and witnesses are spared the adjusted pleas is a means of safeguarding necessity, inconvenience and potential such rights and of establishing their breach distress of attending court and giving by the accused and of enabling the court to evidence; and impose an appropriate sentence. • The avoidance of an unnecessary trial allows time and resources to be 2 February 2001 BOOK OF REGULATIONS CHAPTER 23 PLEA ADJUSTMENT The acceptance by the Crown of pleas of relation to that charge and that the plea is not guilty to one or more charges or the tendered out of ignorance or deletion by the Crown of aggravations as misunderstanding. It is to be presumed conditions of securing pleas of guilty to that a person who tenders a plea of guilty other charges against an accused person is accepts their guilt and it will seldom, if proper and justifiable so long as the ever, be necessary to inquire if a prosecutor’s decision is informed by represented accused who tenders a plea consideration of all of the relevant facts accepts their guilt. More care should be and circumstances, the applicable law and taken where the accused is unrepresented any applicable departmental guidance. and is perhaps unfamiliar with the system or where the prosecutor has reason to Plea adjustment can be distinguished from believe that the accused requires some the acceptance of pleas of not guilty to all assistance or protection. charges or the discontinuation of proceedings in their entirety (in which case As a general proposition, Procurators guidance is given in chapter 3 above) and Fiscal must ensure that any pleas accepted, from situations in which the accused and any narration of facts agreed with the pleads guilty as libelled to the only charge defence, will enable the Procurator Fiscal or to all charges against him. to narrate to the court such facts as will allow the court to gain an adequate and The court should ensure that pleas of accurate picture of the accused’s conduct guilty are confirmed personally by the and of any other relevant matters, such as accused where he is present in court, even the background to the accused’s conduct, where he is legally represented (see any motive therefor and the consequences McGowan v Ritchie 1997 SCCR 322). of that conduct for those affected by it. 23.02 ASSESSMENT OF THE PUBLIC Subject to the Crown’s limited right to INTEREST IN PLEA ADJUSTMENT appeal against an unduly lenient sentence, (as to which see chapter 11), disposal of Procurators Fiscal are under a duty in the case will thereafter be a matter for the relation to the adjustment of pleas to act in court. the public interest. Where in all the circumstances of a case the Procurator The importance of ensuring that any Fiscal judges that it is in the public interest adjusted plea represents an adequate and to accept pleas which the accused is accurate reflection of the offence extends prepared to offer, the pleas must be beyond the instant case. Procurator Fiscals accepted. Where such acceptance is judged are reminded of the decision in HMA v by the Procurator Fiscal not be in the Riley 1999 SCCR 644 which indicates public interest, the pleas offered must not that a prosecutor can provide additional be accepted and the Procurator Fiscal must information regarding a previous allow the case to run its course, whatever conviction but that such information the outcome may be.
Load more

Recommended publications
  • [2020] CSOH 30 A111/17 OPINION of LORD CLARK in the Cause
    OUTER HOUSE, COURT OF SESSION [2020] CSOH 30 A111/17 OPINION OF LORD CLARK In the cause WILDCAT HAVEN ENTERPRISES CIC Pursuer against ANDY WIGHTMAN Defender Pursuer: Mr P. O’Donoghue; Lay Representative Defender: Dunlop QC; Balfour + Manson LLP 11 March 2020 Introduction [1] In this action, the pursuer alleges that it suffered loss and damage as a result of the defender publishing defamatory material on internet blogs, Twitter and Facebook. The pursuer seeks damages in the sum of £750,000 and also seeks interdict to prohibit the publication of such material. The action called before me for a proof before answer. On behalf of the pursuer, an application was made under the relevant procedural rules to allow lay representation by Mr Paul O’Donoghue, who is a director of the company. The motion was opposed by senior counsel for the defender. I was satisfied that the requirements of the rules were met and I therefore granted the application. 2 The pursuer’s pleadings The published material founded upon by the pursuer [2] The defender published blogs on his website which made statements about the pursuer. The pursuer is a private limited company registered in England. It is the fundraising vehicle for Wildcat Haven CIC (“WHCIC”), a company which has as its object the conservation of Scottish wildcats. The pursuer raises funds for WHCIC by various means, including selling small souvenir plots of land. The defender’s website is entitled “Land Matters…the blog and website of Andy Wightman”. He published two blogs which are said by the pursuer to contain defamatory statements.
    [Show full text]
  • Judicial Review Scope and Grounds
    JUDICIAL REVIEW SCOPE AND GROUNDS By Scott Blair, Advocate THE TRIGONOMETRY OF JUDICIAL REVIEW In Scotland, unlike England and Wales, the judicial review jurisdiction is not limited to cases which have an element of public law. As explained by Lord President Hope in West v. Secretary of State for Scotland 1992 SC 385 at 413 the scope of judicial review is as follows: “ The following propositions are intended therefore to define the principles by reference to which the competency of all applications to the supervisory jurisdiction under Rule of Court 260B is to be determined: 1. The Court of Session has power, in the exercise of its supervisory jurisdiction, to regulate the process by which decisions are taken by any person or body to whom a jurisdiction, power or authority has been delegated or entrusted by statute, agreement or any other instrument. 2. The sole purpose for which the supervisory jurisdiction may be exercised is to ensure that the person or body does not exceed or abuse that jurisdiction, power or authority or fail to do what the jurisdiction, power or authority requires. 3. The competency of the application does not depend upon any distinction between public law and private law, nor is it confined to those cases which English law has accepted as amenable to judicial review, nor is it correct in regard to issues about competency to describe judicial review under Rule of Court 260B as a public law remedy. By way of explanation we would emphasise these important points: (a) Judicial review is available, not to provide machinery for an appeal, but to ensure that the decision-maker does not exceed or abuse his powers or fail to perform the duty which has been delegated or entrusted to him.
    [Show full text]
  • Preliminary-Hearings-Bench-Book.Pdf
    Preliminary Hearings Bench Book The Hon Lord Matthews The Hon Lord Beckett July 2020 Updated 20 November 2020 and 23 February 2021 JUDICIAL INSTITUTE | PARLIAMENT HOUSE | EDINBURGH PAGE 1 OF 140 Foreword by the Lord Justice General The Preliminary Hearing system was designed, first, to deal with all preliminary pleas and issues in advance of the trial and, secondly, to fix a trial diet, within the 140 day time limit, at a point when the case was ready for trial. The trial would proceed as scheduled, other than where desertion or a guilty plea followed. As a result of having a dedicated cadre of pro-active judges who have made a collective effort to maintain a uniform and effective approach, the introduction of a Preliminary Hearing has been largely successful in producing an efficient system which complies with the intention of the legislation and ensures that trials are held within a reasonable time. Practitioners, staff and judges prefer to work in a system which operates efficiently. In the case of counsel and especially agents, there ought to be a degree of satisfaction on completion of a prosecution, whatever its outcome. In an effort to maintain a consistent and effective approach to case management, Lords Matthews and Beckett have co-authored this comprehensive Bench Book for the conduct of Preliminary Hearings. It will provide support to the Preliminary Hearing judges in dealing with the many issues which must be addressed. It will also be a valuable tool for practitioners who will better understand the obligations which rest upon them and the expectations the court will have of them.
    [Show full text]
  • Chapter 7 Relevancy of Evidence – Character and Collateral Issues
    CHAPTER 7 RELEVANCY OF EVIDENCE – CHARACTER AND COLLATERAL ISSUES 7.1 General 7.2 Evidence of similar acts – general rule 7.3 Evidence of similar acts – exceptions to general rule 7.4 Evidence of character – general 7.5 Character in slander actions 7.6 Character in actions for seduction 7.7 Character in criminal causes 7.8 Character of accused person – general 7.9 Criminal record of accused person 7.10 Cross-examination of accused as to character 7.11 Evidence of state of mind – general 7.12 State of mind in civil causes 7.13 State of mind in criminal causes 7.14 Motive in criminal causes 7.15 Guilty knowledge and intention 7.16 Use of dockets in sexual offence cases 7.1 GENERAL Generally speaking, evidence of character and evidence regarding an 7.1.1 issue which is collateral to the main issue is inadmissible. A “collateral” issue is one which runs parallel to a fact in issue but evidence of it is generally inadmissible on grounds of relevance, because the existence of the collateral fact does not have a reasonably direct bearing upon a fact in issue and thus does not render more or less probable the existence of that fact, and it is inexpedient to allow an enquiry to be confused and protracted by enquires into other matters. “Courts of law are not bound to admit the ascertainment of every disputed fact which may contribute, however slightly or indirectly, towards the solution of the issue to be tried. Regard must be had to the limitations which time and human liability to confusion impose upon the conduct of all trials.
    [Show full text]
  • Registers of Scotland Keeper-Induced Registration
    REGISTERS OF SCOTLAND KEEPER-INDUCED REGISTRATION CONSULTATION DOCUMENT October 2015 © Crown copyright 2014 KEEPER-INDUCED REGISTRATION CONSULTATION OCTOBER 2015 Purpose 1. In May 2014, the Keeper of the Registers of Scotland was invited by Scottish Ministers to complete the Land Register of Scotland in 10 years. There followed a public consultation (the 2014 consultation) by Scottish Ministers on how the statutory levers in the Land Registration etc. (Scotland) Act 2012 (the 2012 Act) could be used to enable that target to be met. There was general agreement to the suggestion in the consultation that the statutory powers for what is known as ‘keeper-induced registration’ (KIR) should be piloted to inform its use and that a further consultation be held on the detailed approach to, and strategy for, KIR. Those matters are the focus of this consultation document. A glossary of terms is available on our website at https://www.ros.gov.uk/KIRconsultation Completing the land register 2. The Land Registration (Scotland) Act 1979 (the 1979 Act) provided for the establishment of a land register under the management and control of the keeper. This is a transparent, plans-based, public register of rights in land. From 1981, land registration began to replace the recording of deeds in the General Register of Sasines and became fully operational in all areas of Scotland in 2003. The system of land registration underwent significant transformation in December 2014 when the main provisions of the Land Registration etc. (Scotland) Act 2012 were brought into force, effectively superseding the 1979 Act. The land register involves the creation of a title sheet that sets out the details of ownership of the property, any securities or other charges over it, any rights or title conditions, and also a depiction of the legal extent of the property through mapping of the legal boundaries on the Ordnance Survey (OS) based cadastral map (the cadastral map is a map of Scotland on which the legal boundaries, and other features, of individual registered properties are shown).
    [Show full text]
  • Criminal Prosecution and the Rationalization of Criminal Justice Final Report
    If you have issues viewing or accessing this file contact us at NCJRS.gov. 1337?11 Criminal Prosecution and The Rationalization of Criminal Justice Final Report by William F. McDonald National Institute of Justice Fellow 133787 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this 1_ I material has been gr~{l'bblic DOD.ain/NI~T u.s. Department of dustlce to the National Criminal Justice Reference Service (NCJRS). Further reproduction oUlside of the NCJRS systern requires perrnis- sion of the • I owner. National Institute of Justice u.s. Department of Justice December, 1991 Acknowledgments This study was supported by Grant No. 88-IJ-CX-0026 from the National Institute of Justice, Office of Justice Programs, u.s. Department of Justice to Georgetown University which made possible my participation in the NIJ Fellowship Program. It was also supported by my sabbatical grant from Georgetown University, which allowed me to conduct interviews and observations on the Italian justice system. And, it was supported by a travel' grant from the Institute of Criminal Law and Procedure, Georgetown University Law Center. I would like to acknowledge my appreciation to the many people who made this entire undertaking the kind of intellectually and personally rewarding experience that one usually only dreams about. I hope that their generosity and support will be repaid to some extent by this report and by other contributions to the criminal justice literature which emerge from my thirteen months of uninterrupted exploration of the subject of this Fellowship.
    [Show full text]
  • (SCOTLAND) LIMITED Pursuers Again
    OUTER HOUSE, COURT OF SESSION [2019] CSOH 82 A345/18 OPINION OF LORD PENTLAND In the cause GCN (SCOTLAND) LIMITED Pursuers against JAMES STEVENSON GILLESPIE (known as STEVEN GILLESPIE) Defender Pursuers: Thomson QC, Turner; Lindsays Defender: McNairney; Pollock Fairbridge Schiavone 24 October 2019 Introduction [1] In this action, which was remitted from the Sheriff Court, the pursuers seek declarator that they possess and have possessed openly, peaceably and without judicial interruption for a continuous period in excess of 1 year an area of ground known as Garrion Business Park in Wishaw (“the property”). The pursuers do not have a registered title to the property. Nor does the defender. [2] In order to understand what has brought the present dispute before the court, it is important to recall that a party in possession of ownerless land can obtain a real right to the land by registration in the Land Register of Scotland of an a non domino disposition of the 2 land in his or her favour followed by 10 years continuous possession of the land openly, peaceably and without any judicial interruption (section 1(1) of the Prescription and Limitation (Scotland) Act 1973). An a non domino disposition is a deed granted by a person who is not the owner of the land disponed and who does not act with the authority of the person who is the owner (Reid and Gretton; Land Registration, 2017; page 314, footnote 75). [3] Following a comprehensive examination of the law by the Scottish Law Commission in a project led successively by Professor Kenneth G C Reid and Professor George L Gretton (Report on Land Registration, 2010; Scot Law Com No 222), new rules were introduced by sections 43 to 45 of the Land Registration etc (Scotland) Act 2012 (“the 2012 Act”) tightening up the system for obtaining title to land by prescriptive possession based on title conferred by an a non domino disposition.
    [Show full text]
  • SCOTLAND 1. Real Property
    UK: SCOTLAND Kenneth G C Reid Professor of Property Law, University of Edinburgh and a Scottish Law Commissioner1 1. Real Property Law – Introduction 1.1 General Features and Short History The United Kingdom of Great Britain and Northern Ireland comprises one state, four countries and three jurisdictions. The jurisdictions are (i) England and Wales (ii) Scotland and (iii) Northern Ireland. Each jurisdiction has its own courts, its own lawyers, and its own law. The state has a common parliament (the House of Commons and House of Lords), a common executive, and a common supreme court (the House of Lords), all based in London. But in recent years there has been administrative and legislative devolution both to Scotland and to Northern Ireland. A separate parliament for Scotland was established in 1999, with power to legislate on most areas of private law.2 The union between Scotland and England took place in 1707.3 Before then the countries were separate states. In the medieval period the laws of Scotland and England had many points in common. In particu- lar the feudal system of land tenure, which reached England with the Norman Conquest in 1066, was introduced to Scotland in the course of the twelfth century. From the sixteenth century onwards, how- ever, there was a substantial reception of Roman law in Scotland (but not, on the whole, in England). In Scotland, as in many other European countries, the jurists of the ius commune were studied, and their writings applied in the courts. National legal education did not begin properly in Scotland until the early eighteenth century, and before that time law students from Scotland often studied in the universities of Europe, at first mainly in France and, after the Reformation, in the Netherlands.
    [Show full text]
  • New Digital Services in the Keeper's Registers Moving Towards a Digital Conveyancing World
    Part 1 - New digital services in the Keeper's registers Moving towards a digital conveyancing world 1.1 Conveyancing and the registration of deeds have, for centuries, been paper- based processes. However, that world is rapidly changing. Increasingly, the interactions between those in the conveyancing marketplace are through digital channels. Engagement with private search companies, accessing the Council of Mortgage Lenders Handbook, the submission of returns to Revenue Scotland and day to day engagement between professionals are routinely carried out digitally. Recognising the shift from paper, the Law Society has recently partnered with the ESPC (Edinburgh Solicitors Property Centre) and BDP Estate Agency Software to deliver a one-stop-shop digital platform, known as Altis, for property solicitors. In the words of the Law Society, the system “aims to speed up the Scottish conveyancing process as well as provide a secure and transparent environment to store all the information relating to clients and their properties.” This follows on from the introduction of the new smartcard solicitor practice certificate that contains a secure digital signature. The move to a digital world is also true for the house buyer. The initial view of a property is often now virtual, via an online property schedule; interactions between solicitor and client are frequently by email and text; and borrowers routinely source and apply for mortgages on-line. 1.2 The use of digital channels will grow only if they have the trust of the businesses and citizens who want to use them. Digital channels can provide convenience, speed, security and control and they can lessen risk and reduce cost.
    [Show full text]
  • Role and Purpose of the Crown Office and Procurator Fiscal Service
    Published 25th April 2017 SP Paper 123.1 9th Report, 2017 (Session 5) Web Justice Committee Role and Purpose of the Crown Office and Procurator Fiscal Service Published in Scotland by the Scottish Parliamentary Corporate Body. All documents are available on the Scottish For information on the Scottish Parliament Parliament website at: contact Public Information on: www.scottish.parliament.uk/documents Telephone: 0131 348 5000 Textphone: 0800 092 7100 Email: [email protected] © Parliamentary copyright. Scottish Parliamentary Corporate Body The Scottish Parliament’s copyright policy can be found on the website – www.scottish.parliament.uk Justice Committee Role and Purpose of the Crown Office and Procurator Fiscal Service, 1st Report, 2017 (Session 5) Contents Executive Summary 1 Key terms 3 Introduction 4 About the COPFS 4 Inquiry remit 5 The Committee‘s scrutiny 7 Outline of the report 8 The COPFS’s resources and staffing 10 Demands on COPFS resources: recent trends 10 Evidence from stakeholders 11 Staffing issues – union views 13 COPFS response 15 2017-18 budget and effect on staffing 16 Latest developments: COPFS corporate strategies 17 Wider reform 18 Efficiency and effectiveness of the prosecution service 21 Efficiency and effectiveness of the prosecution service 21 Early settlement versus churn 22 The COPFS‘s performance in a wider context 23 Measuring efficiency and effectiveness 24 Efficiency of current prosecution system 26 Evidence from stakeholders 27 COPFS and SCTS views 29 Making the prosecution system work better
    [Show full text]
  • The Registers of Scotland: Service to the P”B!X
    NATIONAL AUDIT OFFICE REPORTBY THE COMPTROLLERAND AUDITORGENERAL The Registersof Scotland: Serviceto the Public ORDEREDBY THEHOUSEOFCOMMONS TOBEPRINTED 12APRlL1994 LONDON:HMSO f7.40 NET 330 THE REGISTERS OF SCOTLAND: SERVICE TO THE P”B!X This report has been prepared under Section 6 of the National Audit Act 1983 for presentation to the House of Commons in accordance with Section 9 of the Act. John Bourn National Audit Office Comptroller and Auditor General 23 March 1994 The Comptroller and Auditor General is the head of the National Audit Office employingsome 800 staff. He, and the NAO, are totally independent of Government. He certifies the accounts of all Government departments and a wide range of other public sector bodies; and he has statutory authority to report to Parliament on the economy, efficiency and effectiveness with which departments and other bodies have used their resources. THE REGISTERS OF SCOTLAND: SERVICE TO THE PUBLIC Contents Pages Summary and conclusions 1 Part 1: Introduction 4 Part 2: Maintaining the registers 7 Part 3: Quality of service 13 Part 4: The Land Register 17 Glossary 22 Appendices 1. The 15 public registers 23 2. The Agency’s aims and objectives 25 3. Workload and production 27 4. Results of National Audit Office surveys 28 5. Chronology 32 Reoislrationof property in Scotland W SasineRegister a Land Register 1. Dumbanon 2. Stirling 3. Clachmannan 4. Renfrew 5. Glasgow 6. WestLothian 7. Lanark Registrationof property in Scotlandis basedon the former county boundariesand is being transferredfrom the SasineRegister to the new Land Register.Seven of the thirty-three countieswere transferredduring 1979-93,and the remainderare plannedto transfer by 2003.
    [Show full text]
  • [2019] CSIH 52 A293/16 and A295/16 Lord President Lord Justice Clerk Lady Paton Lord Menzies Lord Brodie OPINION of LORD CARLOWAY, the LORD PRESIDENT
    FIRST DIVISION, INNER HOUSE, COURT OF SESSION [2019] CSIH 52 A293/16 and A295/16 Lord President Lord Justice Clerk Lady Paton Lord Menzies Lord Brodie OPINION OF LORD CARLOWAY, the LORD PRESIDENT in the Reclaiming Motions in the causes (FIRST) DAVID JOHN WHITEHOUSE; and (SECOND) PAUL JOHN CLARK Pursuers and Reclaimers against (FIRST) THE CHIEF CONSTABLE, Police Scotland; and (SECOND) THE LORD ADVOCATE Defenders and Respondents First Pursuer: Dunlop QC, McKinlay; Urquharts (for Livingstone Brown, Glasgow) Second Pursuer: Fairley QC, McNaughtan; Kennedys Scotland (for Beltrami & Co, Glasgow) First Defender: no appearance Second Defender: Moynihan QC, DB Ross QC, Charteris; Scottish Government Legal Directorate 30 October 2019 Introduction [1] These reclaiming motions (appeals) relate to two separate actions by the pursuers against the Chief Constable and the Lord Advocate. The pursuers each claim damages against both defenders arising out of their treatment by the police and the prosecution authorities in connection with their involvement in the winding up and sale of Rangers 2 Football Club. The reclaiming motions do not concern the Chief Constable, against whom claims, which are presented under Article 5 of the European Convention on Human Rights, are to proceed to a proof before answer. They concern only the Lord Advocate. It is accepted that he is responsible for the acts of the Advocates Depute and the Procurator Fiscal Deputes who were involved in the case. [2] The Lord Advocate contends that he and the ADs and PFDs have immunity from suit in terms of Hester v MacDonald 1961 SC 370. The first issue, as developed at the Summar Roll hearing, is whether the law, as stated in Hester, was correctly decided or whether the Lord Advocate is liable in damages for acts which are malicious and without probable cause.
    [Show full text]