Euan A. Dow, Advocate’s Case Law Summaries

Extradition Appeal:- On 22 September 2016, at Edinburgh Sheriff Court, the sheriff ordered the extradition of the appellant to Poland in terms of section 21(3) of the Extradition Act 2003. Here the appellant appealed against that decision on two grounds:- (1) that the appellant suffered from a medi......

Continued appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- Here a bench of 5 judges considered the issue of whether it is competent to challenge the admissibility of evidence seized under a search warrant by preliminary issue minute under section 71 of the Criminal Procedure ......

Petition to Nobile Officium:- On 4 and 7 March 2016 the petitioner was called by the Crown as a witness in a jury trial relating to a charge of assault to severe injury and permanent disfigurement. During the course of the petitioner’s examination in chief she stated that she had been very drunk ......

Note of appeal against conviction:- On 24 March 2016, at Edinburgh High Court, the appellant was convicted after trial of charges 2, 6, 7 and 8 and he was acquitted of charges 1, 3 and 5. The appellant appealed against his conviction in relation to charges 2 and 6. Charge 2 was the rape of his part......

Bill of Advocation:- Here the Crown sought recall of a decision by a sheriff at Glasgow Sheriff Court when no further order was made at a deferred sentence when there was no procurator fiscal depute present in court when the indictment called. The circumstances were that on 21 June 2016 the respond......

Appeal under section 74 of the Criminal Procedure (Scotland) Act 1995:- The respondent was indicted to Dundee Sheriff Court in relation to a number of charges including inter alia a contravention of section 4 of the Sexual Offences (Scotland) Act 2009, namely, coercing his then wife to engage in se......

Appeals under section 74 of the Criminal Procedure (Scotland) Act 1995:- The appellants had lodged compatibility minutes in advance of trial in relation to alleged breach of the appellants’ convention rights under articles 8 and 6 and common law minutes objecting to the admissibility of evidence.......

Note of appeal against conviction and sentence:- On 8 February 2016, at Perth Sheriff Court, the appellant was convicted after trial on indictment of being concerned in the supply of diamorphine contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. Sentence was deferred until 16 March 2016 f......

Bill of Advocation:- On 27 August 2013, at Livingston High Court, the respondent stood trial on an indictment which included a charge of rape. Following the conclusion of the trial judge’s charge the jury were secluded by being enclosed “in a room by themselves” in accordance with section 99(......