I try to avoid criticism of political figures on social media – I try really hard – but like everybody else I can be provoked beyond endurance. This week First Minister Humza Yousaf attended an event at my alma mater – The University of Strathclyde – at which a Consultation on a Scottish Human Rights Bill was discussed. I am very happy that the Law School of my former University has made a significant contribution in this field – it was the headline speaker who rattled my cage In his address the First Minister stated that his Government would ‘remain committed to enhancing the rights of peopl ..read more

The recently decided – and widely reported – case of Sean Hogg has had so many twists and turns that it is not altogether easy to unravel what happened or what (if any) implications it has for future prosecutions. This led – when emotions were clearly running high – to the making of a number of inaccurate comments and some predictions that might not come to pass.  I try here to return the story to a factual basis – stripping out the facts that don’t matter to aid understanding. The Crown alleged that on two separate occasions between March and June 2018 in Dalkeith Country Park Sean Hogg ..read more

Part 1 of the Criminal Justice and Licensing (Scotland) Act 2010 established the Scottish Sentencing Council, which became operational in October 2015. To promote consistency in sentencing practice and greater awareness and understanding of sentencing policy, the Council is bound to prepare Guidelines relating to the sentencing of offenders. Before such Guidelines become effective, consultation with the Scottish Ministers and approval by the High Court is necessary. The ‘Sentencing Young People Guideline’ became effective on 26th January 2022. A ‘young person’ is defined as one under the ..read more

On Thursday 29th June 2023 Crown Office’s request to extradite RS for serious offences – alleged to have happened in Scotland in September 2021 – called before Mr Justice Paul McDermott in the High Court of Ireland. The application was opposed by RS on the basis that his extradition to Scotland would – as conditions in Scottish prisons currently stand – breach his human rights. The public interest in the extradition of RS is substantial – the prosecution allege that he threatened a man with a firearm contrary to section 16A of the Firearms Act 1968 (maximum sentence 10 years imprisonment ..read more

The recent arrest of former First Minister Nicola Sturgeon predictably provoked widespread discussion of the Contempt of Court Act – as it applies in Scotland  It came as a surprise to many that the provisions of the Act were triggered so early in the process. This – I suspect – happened by accident. Before the Criminal Justice (Scotland) Act 2016 the power exercised by the police last Sunday – to deprive a citizen suspected of a criminal offence for a limited period – was known as ‘detention’. Despite some Scottish judicial resistance – it was eventually determined that the ‘fair trial ..read more

 I have learned from experience – that when it comes to expressing views on  social media in 2023 – it is usually wise to begin  by making crystal clear what I am NOT saying. I am NOT saying that the United Kingdom should withdraw from the European Convention on Human Rights.  That said, viewed strictly from a Scottish criminal justice context, the exaggerated claims made for the Convention are seldom justified by the evidence. In the relatively recent past Scottish Conservative MSP and Legal Academic Professor Adam Tomkins had the temerity to suggest that maybe t ..read more

A common theme can be traced through my irregular appearances on radio and television. There is a perception that something has gone wrong in the Scottish criminal justice system. I am there – at the very least to explain it – and if I can – to defend it  Given that I spend almost every working day in courtrooms defending citizens facing serious charges – you would think that would be easy. It isn’t. The starting point of the discussion is very often a rape victim who knows – to the point of absolute certainty – that X raped her. Yet a jury has not been convinced beyond reasonable doubt ..read more

 ‘These are amongst the very worst crimes which have come before the High Court of Justiciary’. So said Lord Beckett on Monday 6th February 2023 before sentencing Andrew Innes to life imprisonment – with a punishment part of 36 years.     I heard a little about the case before the trial got properly underway – having been in the courtroom for a brief appearance – and thought that it WAS the worst case to be heard in Scotland in my lifetime. My thoughts immediately turned to the lawyers and support staff who had to stay in court and listen to the evidence ..read more

    ‘These are amongst the very worst crimes which have come before the High Court of Justiciary’. So stated Lord Beckett on Monday 6th February 2023 before sentencing Andrew Innes to life imprisonment – with a punishment part of 36 years.     I heard a little about the case before the trial got properly underway – having been in the courtroom for a brief appearance – and thought that it WAS the worst case to be heard in Scotland in my lifetime. The details stayed with me for days – and my thoughts turned to the lawyers and support staff w ..read more

I appeared on BBC Scotland’s The Nine show with Gary Robertson on Thursday to discuss the case of convicted rapist Daniel McFarlane. He and his victim were studying together at the University of Glasgow when the attack happened. After the crime was reported – and McFarlane charged – he left Glasgow Univ but enrolled at the University of Edinburgh. Some think this should not have been allowed to happen A very difficult issue while accused people are entitled to the presumption of innocence. This victim’s allegation was proved to a high standard to be true. On the other hand, as recen ..read more