Case archive

Ex-diplomat found in contempt of court over Salmond case refused permission to appeal to Supreme Court

A journalist and former diplomat who was found to be in contempt of court for publishing material relating to the trial of former First Minister Alex Salmond has been refused permission by the High Court of Justiciary to appeal his case to the Supreme Court.

High Court of Justiciary 10 June 2021

Criminal Appeal Court clarifies corroborative status of CCTV evidence 

The High Court of Justiciary has clarified the status of CCTV footage for the purposes of corroboration, confirming that where the only evidence of the crime libelled is the recorded footage and where its provenance is established, it can provide “sufficient evidence” of the “actus reus” of an offence.

High Court of Justiciary 1 March 2019

Extended sentence for man who possessed and shared extreme child sex abuse images was ‘entirely appropriate’

A man who claimed he did not pose a “serious risk of harm to the public” after being given an extended sentence for possessing and distributing indecent images of children has had an appeal against a sheriff’s decision to impose an extension period dismissed.

High Court of Justiciary 23 November 2018

Man convicted of rape fails in ‘fresh evidence’ appeal despite complainer’s retraction

A man found guilty of the repeated rape of a former partner who claimed he was the victim of a “miscarriage of justice” based on “fresh evidence” that the complainer had sent a message to police stating that she had put “an innocent man in jail” has had his appeal against conviction refused.

High Court of Justiciary 12 November 2018

Pilots accused of being drunk win appeal and have charges dropped after blood samples were destroyed

Two airline pilot accused of preparing to fly a passenger jet while under the influence of alcohol have had the charges against them dropped following an appeal.

High Court of Justiciary 30 April 2018

Father-of-three fails in appeal against extradition despite wife’s successful human rights challenge

A father-of-three who is the subject of two European Arrest Warrants has had an application for leave to appeal against a sheriff’s decision to order his extradition to Poland rejected.

High Court of Justiciary 2 March 2018

Attempted murderer loses appeal against order for lifelong restriction

A man who was given an order for lifelong restriction after being convicted of attempted murder has had an appeal against his sentence refused.

High Court of Justiciary 15 January 2018

Murderer’s ‘third party provocation’ defence rejected by appeal judges

A man found guilty of murder who claimed that he acted in “self-defence” of a friend who he feared was about to be attacked has had an appeal against his conviction rejected.

High Court of Justiciary 10 November 2017

Sheriff Appeal Court ‘erred in law’ in interfering with justice’s decision on driver’s sentence

A motorist who was fined and had his licence endorsed after pleading guilty to speeding has successfully appealed against a decision by appeal sheriffs to increase the financial penalty imposed.

High Court of Justiciary 25 October 2017

Alleged benefit fraudster wins appeal against decision to extend timebar

A woman charged with benefit fraud who challenged a sheriff’s decision to grant a motion to extend the timebar to allow prosecutors to bring her to trial after the case against her had previously been deserted has won her appeal.

High Court of Justiciary 21 September 2017

OLR ‘not an excessive sentence’ for serial sex offender, appeal judges rule

A paedophile convicted of two charges of rape who was given an Order for Lifelong Restriction has failed in an appeal against his sentence after appeal judges rejected his claim that the punishment imposed was “excessive and disproportionate”.

High Court of Justiciary 30 June 2017

Crown wins appeal against acquittals as appeal court clarifies ‘Howden’ principle

The Crown has successfully challenged a judge’s decision to acquit two men accused of assault and robbery charges after appeal judges held that there was sufficient proof of identification on one charge and that the evidence relating to the similarities between the separate offences would entitle the jury to hold that the other crimes were committed by the same people.

High Court of Justiciary 28 June 2017

Appeal judges rejected Craig Whyte’s challenge to fraud charge over Rangers takeover

The High Court of Justiciary Appeal Court has published a decision in which it refused an appeal by former Rangers owner Craig Whyte to have the fraud charge against him in relation to his takeover of the club dropped prior to the start of his trial.

High Court of Justiciary 26 June 2017

Full bench to review procedure for challenging search warrant and admissibility of evidence

A full bench is to review the procedure for challenging the validity of a police search warrant granted by a sheriff and the admissibility of evidence obtained from the search.

High Court of Justiciary 19 May 2017