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Reply with quote  #61 

 knew it looked wrong..just keepin ye on yer toes my little critic



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 Thats no what i meant



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don't confuse me my heads puggled enough theday!!  i think i know what ye mean                              



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You know what i mean....

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Sheriff warns: we can no longer ensure public safety...

A leading sheriff yesterday said Scottish courts could no longer guarantee public protection after attacking a "nameless official" over the early release of a youth who committed further crimes while on a home curfew order.

Sheriff Robert Dickson, who is president of the Sheriff's Association in Scotland, said Jason Jarvie, 20, had been freed to reoffend because an official had ignored a judicial decision.

Jarvie, who had a history of breaching tagging orders and offending while on bail, was freed after serving less than a third of a 15-month sentence at Polmont Young Offenders' Institution, near Falkirk, which is run by the Scottish Prison Service (SPS).

The "nameless official" was not identified. However, decisions about whether or not to release a prisoner on Home Detention Curfews (HDC) are made by the governor or a designated unit manager. The governor of Polmont YOI is Derek McGill.

Courts are responsible for sentencing. But a unit within the SPS assesses whether certain people are suitable for HDCs. There are exemptions such as sex offenders.

Opposition politicians called on Justice Secretary Kenny MacAskill to order an investigation into the case.

Sheriff Dickson's criticisms came three months after Mr MacAskill accused Labour of "playing games" by forming an alliance with the Tories to block plans to extend home tagging as a way of cutting Scotland's record prison population. Proposals for the system will now go to a full vote at Holyrood.

Jarvie was ordered to be detained in March 2007 following a series of crimes including violence, dishonesty, public disorder, failure to attend court, drugs misuse and committing offences on bail.

Yesterday Airdrie Sheriff Court heard that he pleaded guilty to causing malicious damage to a house in Airdrie, North Lanarkshire, on October 1, last year while on probation and under a home curfew order. Jarvie, from Coatbridge, threw paint on to the house's front windows and the garden path, scrawling the words "grass" and "young mob". The residents were asleep.

Sitting at the court, Sheriff Dickson said it could have come as "little surprise to anybody" that he had reoffended after his release last August given his previous behaviour.

Sheriff Dickson went on: "At a time when society was entitled to expect that the court's 15-month sentence would allow some respite from your repeated criminal activities, when you should have been incarcerated and innocent homeowners should have been protected from your mindless behaviour, some nameless official has chosen to ignore a judicial decision, to turn an apparent blind eye to your past record of ignoring curfews and to allow you the freedom to damage the property of somebody you did not know."

He added: "There can be no doubt that had you remained in the young offenders' institution for the time selected by the sheriff, this crime could not have been committed.

"I and every other sheriff can no longer give any assurance to the public that they are going to be protected for any particular period if our decisions can be overruled by a person who has neither heard the facts of the case nor had any input to the judicial decision to select a particular length of custody."

Scottish Tory justice spokesman Bill Aitken said the case showed we are living in "soft-touch Scotland" and praised Sheriff Dickson.

Mr Aitken added: "By acting in this manner the Scottish Prison Service is overriding a judicial decision which is quite intolerable."

Labour and the LibDems called on the justice secretary to order an urgent investigation into the case.

A Scottish Government spokesman said: "Scottish ministers can neither comment on, nor intervene in, the sentences imposed in individual cases."

Sheriff Dickson deferred sentence on Jarvie until July 9 to allow a new probation report to be prepared.

Jarvie was released on bail with the condition that he must remain at his bail address from 6pm to 6am.


Sheriff's statement

Before deferring sentence, Sheriff Dickson made the following statement:

"On 14th March 2007 you were sentenced in this court to a total of 15 months detention in relation to a series of crimes including violence, dishonesty, public disorder, failure to attend court, drugs misuse and committing offences on bail. Your record shows that on previous occasions courts have tried to curb your criminal activities by making restriction of liberty orders; you have repeatedly breached them.

"Notwithstanding the sheriff's sentence of 15 months, you were allowed out after 41/2 months on 3rd August 2007 on a home curfew order. In view of your past disregard for a requirement that you remain within a house, it can have come as little surprise to anybody that you defied this order also.

"At a time when society was entitled to expect that the court's 15 month sentence would allow some respite from your repeated criminal activities, when you should have been incarcerated and innocent homeowners should have been protected from your mindless behaviour, some nameless official has chosen to ignore a judicial decision, to turn an apparent blind eye to your past record of ignoring curfews and to allow you the freedom to damage the property of somebody you did not know.

"There can be no doubt that had you remained in the young offenders' Institution for the time selected by the Sheriff, this crime could not have been committed.

"I and every other Sheriff can no longer give any assurance to the public that they are going to be protected for any particular period if our decisions can be overruled by a person who has neither heard the facts of the case nor had any input to the judicial decision to select a particular length of custody."


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Nat Fraser drops sentence appeal...

NAT Fraser today abandoned his bid to have his jail sentence cut for killing his estranged wife more than 10 years ago.

 
Nat Fraser was jailed for life with a minimum of 25 years behind bars in 2003 after a jury found him guilty of killing his wife Arlene, despite her body never being found.

The 49-year-old Elgin businessman lost his long-running appeal against conviction in May this year and was expected to appeal against his sentence on Friday.

But today, a spokeswoman at the Court of Appeal in Edinburgh confirmed Fraser has dropped the attempt to cut the amount of time he must spend in custody.

Mrs Fraser was 33 when she disappeared from her home in New Elgin, Moray, on April 28, 1998. Her family were convinced she had been murdered.

The disappearance led to one of the largest and most complex investigations mounted by Grampian Police, and resulted in a high-profile trial.

In early 2003, Fraser was found guilty of murder and ordered to serve a minimum of 25 years in prison for what the trial judge called an "evil, cold-blooded killing".

During his appeal against conviction at the end of last year, his lawyers claimed he was the victim of a miscarriage of justice and argued that vital evidence casting doubt on his guilt was withheld from the defence team.

But three senior judges recently ruled that the appeal should be refused, saying the original evidence against Fraser was "overwhelming".

"The circumstantial evidence alone constituted a compelling case against the appellant," said the Lord Justice Clerk Lord Gill.

"There was evidence that he had motives for the crime.

"There was evidence of his previous malice and ill-will towards the deceased."

He continued: "In my opinion, the circumstantial evidence alone was not only sufficient in law to entitle the jury to convict, but was powerful in its effect."

At the time, the victim's family spoke of their "sheer relief" and said there was "no doubt" that the right man was behind bars.

Fraser, who spent more than 18 months on bail while his appeal was being dealt with, protested that the "fight to get to the truth" would go on, as he was led away to continue his sentence.

His lawyer, John Macaulay, would not shed light on the reasons behind the decision to drop the sentence appeal.


"All I can say is he's abandoned his appeal against sentence," he said today.

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SCOTLAND'S most senior prosecutor has branded claims that serious offenders are escaping justice by receiving fiscal fines as "nonsense" – but admitted the controversial measure marks a "culture change" in the way the state deals with crime.
 
Elish Angiolini, The Lord Advocate, insisted the fines – which have been handed out to thousands of offenders who would otherwise be prosecuted – is helping end the "national disgrace" of Scotland's overwhelmed courts.

Since March, prosecutors have been able to offer a fine of up to £300 to people accused of offences that would previously have been dealt with in the sheriff court.

The previous maximum fine a fiscal could impose was £100. The move was intended to deliver swift justice to offenders who would otherwise be taken to court only to end up many months later with a fine, while allowing courts to concentrate on serious criminals.

But it has been mired in controversy, with reports of violent offenders escaping prosecution leading to a barrage of "soft touch Scotland" claims from politicians. In one incident, which saw a care nurse allegedly glassed in a violent attack by two women in a pub, the culprits received £150 fines each.

Mrs Angiolini suggested the reported concern over fiscal fines was largely media hype.

"There has been the suggestion of widespread concern in newspapers, but I think this sometimes is a euphemism for the journalist being concerned.

She added: "I think there have been two or three (cases] that have been reported and recycled somewhat." and she

branded as "nonsense" another reported case about a "sex fiend" receiving a fiscal fine. "There have been inaccuracies in what's been reported. People don't have police reports, they don't know what fiscals are looking at."

She said an inspection later this year would determine whether fiscal fines were being appropriately used.

"We will look at whether it requires to be adjusted or tightened up. But what I can provide is an assurance that it is sensible, measured, and deals with low level crime at the level which would be dealt with at the bottom of the sheriff court, which is precisely what Parliament intended."

The Lord Advocate added: "All violence is repugnant. But the reality is a very significant proportion of violence at the lesser end would be dealt with by fine."

But she admitted that fiscal fines – who do not result in the offenders receiving a criminal record – requires a "change of mindset".

"When I started as a prosecutor 25 years ago, it was either 'prosecute or not'. The community expects much more now, it expects us to try and solve the problem. They expect us to do more than process cases."

Between March and June, cases disposed of in court have increased by nearly a third, while 2,000 witnesses have been spared having to give evidence.

But John McGovern, secretary of the Glasgow Bar Association, said he had serious misgivings about the use of fiscal fines, describing them as an "invoice" for committing violent crime.

"I'm not sure I share the Lord Advocate's belief that only minor matters are being diverted," he said.

BACKGROUND

THE maximum fine a fiscal can impose was raised from £100 to £300 in March.

Several thousand offenders have been offered a fine as an alternative to prosecution in the courts since.

It does not result in a criminal record, and can be referred to in court for up to two years.

If an accused wishes to challenge the fine, it must be done in writing and may result in them being taken to court.

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A MAJOR review of how police search residential homes is set to be ordered after a woman found guilty of obstructing police in "hot pursuit" of a suspected vandal had her conviction overturned.

 
Appeal Court judges ruled that two Grampian Police officers had no right to enter and search Jacqueline Gillies's home without a warrant when they spotted the man they sought inside her flat as she tried to close the door.

The Association of Chief Police Officers in Scotland (Acpos) said it would be studying the case and would advise forces on whether operational procedures needed to be changed.

Gillies, 23, of Elgin, Moray, had told two police officers looking for James Scott – whom they believed to be her boyfriend – that he was not there. When they returned a short while later to ask if she would agree to them searching the flat for him, she refused, but they spotted Scott behind her in the hall.

Gillies then shouted, "He's not going anywhere" and tried to close the door. One of the police officers, Janice Wink, put her foot in the doorway to prevent Gillies shutting it.

The officers then forced open the door by pushing against her weight and Gillies was trapped between the door and the wall. Gillies was fined £100 for obstructing police officers, but took the case to the Justiciary Appeal Court.

The judges ruled the officers had no legal right to enter Gillies's home, as the current law states that the police are only allowed to force entry to premises when they are trying to make an arrest for serious crime. In this case, the police were only seeking to interview Scott about an alleged vandalism.

John Scott, a lawyer who specialises in human rights, said last night: "There was certainly not enough here to justify knocking someone's door in."

An Acpos spokesman said: "There will be a thorough review of this case, including taking legal advice, although the process is likely to take several months."

Lord Reed also said that granting police the authority to enter private property simply to detain someone would infringe the European Convention on Human Rights.

He added: "We are of the opinion that the police officers possessed no authority to enter her house on the occasion in question. It follows that they were acting unlawfully and that she was entitled to close her front door so as to prevent them from entering her house.

"It is not for the courts to alter the balance between individual rights and the powers of public officials."

Sheriff Gordon Fleetwood, who convicted Gillies, said: "I was left in no doubt the purpose of the appellant in closing the door in the officers' faces was to obstruct them in execution of their duty."

At the appeal stage, advocate depute Neil Beardmore argued that the police were entitled to enter Gillies's house.

Although officers possessed no statutory right to enter private premises to carry out a detention, they did have the power at common law in circumstances of urgency, he said.

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ELISH Angiolini has a tendency to ruffle feathers, and to break new ground, within Scotland's legal establishment.
 
Much of this has little to do with her track-record as chief prosecutor – but more simply because of who she is and her background.

When she replaced Colin Boyd two years ago, Mrs Angiolini became the first female Lord Advocate in the post's illustrious 400-year history.Only hours after her appointment, a spat had broken out between establishment figures.

One former judge branded her a "career civil servant" who lacked the independence of her predecessors, because she was the first non-advocate to land the job. This was countered by Crown counsel complaints about the "old boys' club".

Now she has broken yet more new ground, after being accepted into the Faculty of Advocates.

The faculty is a 470-year-old institution whose members have rights of audience in the High Court and Court of Session. That means they are allowed to don a wig and stand before a judge in the highest courts in the land.

To gain entry into this elite legal club, lawyers have to prove they have the required knowledge and experience. Exams have to be passed and nine months of "devilling" – being supervised by a senior advocate – completed.

But, in the case of Ms Angiolini's admission, these requirements have been waived – an unprecedented move that could see the rules of entry to the faculty loosened considerably, and about which a number of senior lawyers are unhappy.

Yesterday, the Crown Office issued a press release announcing that the Lord Advocate had been invited into the Faculty of Advocates by the dean, Richard Keen.

The short statement offered no explanation for the move, simply saying she was "honoured to have been invited to apply to join the Faculty of Advocates, which is highly respected for its central role in delivering independent legal services in Scotland".

The question remains: why?

Faculty membership is something Mrs Angiolini has been keen on for some time. That desire was signalled to the faculty during ground-laying talks with Crown officials and the faculty, paving the way for yesterday's "invitation" announcement.

As one senior lawyer put it : "The Lord Advocate has for some time expressed an interest in being a member, but wanted to be invited rather than apply and be turned down."

It is plausible she is preparing for life after being Lord Advocate. For now she will have rights of audience in the High Court – and, perhaps more importantly, become eligible to apply to become a judge.
 

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CONTENTS

EXECUTIVE SUMMARY

SECTION 1 : INTRODUCTION AND OUTLINE OF REPORT
AIMS
METHODOLOGY
OUTLINE OF THE REPORT

SECTION 2 : BACKGROUND
DEFINITIONS
BROAD CONTEXT
SCOTTISH STRATEGY FOR VICTIMS
VICTIM STEERING GROUP
KEY LEGISLATION
STRATEGIC CHANGES
SUMMARY
INFORMATION ABOUT VICTIMS
INCONSISTENT DELINEATION OF VICTIMS FROM WITNESSES
FRAGMENTED INFORMATION ABOUT VICTIMS
UNCLEAR PROCEDURES FOR TRACKING VICTIMS THROUGH THE JUSTICE SYSTEM
SUMMARY

SECTION 3 :VICTIMS, WITNESSES AND THE JUSTICE PROCESS
"TYPES" OF VICTIMS AND WITNESSES
AGENCIES
AGENCIES INVOLVED IN THE JUSTICE PROCESS
OTHER STATUTORY AGENCIES
VOLUNTARY SECTOR SUPPORT AND CAMPAIGNING AGENCIES
OVERVIEW
OVERVIEW OF INFORMATION GATHERED BY AGENCIES
AGENCIES GATHERING INFORMATION
THE NEED FOR INFORMATION
THE WAY INFORMATION IS GATHERED
OVERVIEW OF THE INFORMATION CURRENTLY GATHERED
THE WAY INFORMATION IS HELD
INFORMATION SHARING
WHAT IS DONE WITH INFORMATION GATHERED / HELD
OVERVIEW

SECTION 4 : CONCLUSIONS AND RECOMMENDATIONS
AIM I : INFORMATION
AIM II : STRENGTHS AND WEAKNESSES
POLICY ISSUES
DATA COLLECTION ISSUES
DATA SHARING ISSUES
SUMMARY OF STRENGTHS AND WEAKNESSES
OVERVIEW
AIM III : RECOMMENDATIONS
OVERVIEW

ANNEX 1 : BIBLIOGRAPHY
ANNEX 2 : A "JOURNEY" THROUGH THE JUSTICE SYSTEM
ANNEX 3 : GLOSSARY OF AGENCIES AND TERMS


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A top newspaper chief has launched a scathing attack on a High Court judge whom he accused of bringing in a privacy law by the back door.

The Daily Mail editor-in-chief Paul Dacre said the "arrogant and amoral" judgments of Mr Justice Eady were "inexorably and insidiously" imposing a privacy law on the British Press.

Mr Justice Eady had used the privacy clause of the Human Rights Act against newspapers and their age-old freedom to expose the moral shortcomings of those in high places, Mr Dacre told the Society of Editors annual conference in Bristol.

"If Gordon Brown wanted to force a privacy law, he would have to set out a bill, arguing his case in both Houses of Parliament, withstand public scrutiny and win a series of votes," Mr Dacre said.

"Now, thanks to the wretched Human Rights Act, one judge with a subjective and highly relativist moral sense can do the same with a stroke of his pen."

In the case brought by Formula One boss Max Mosley against the News of the World Mr Justice Eady "effectively ruled that it was perfectly acceptable for the multi-millionaire head of a multi-billion sport that is followed by countless young people to pay five women £2,500 to take part in acts of unimaginable sexual depravity with him".

Mr Dacre, who was delivering the society's annual lecture last night, also turned his fire upon the BBC.


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Crime and Justice Statistics

Police


This section gives information on how to access statistics relating to Crime and Justice. Within the Justice Analytical Services Division, statistical teams work within four policy-focused, multi-disciplinary analytical teams which include social researchers, economists and performance analysts. The teams provide statistical information and support relating to police and community safety, court affairs and offenders, prisons and matters relating to civil and international law.

You may browse directly our Publications or Datasets lists for specific information, or use the High Level Trends below to view a brief overview of some of our key statistics. Further information on High Level Trends can be accessed via the About Statistics section.

If you can't find what you're looking for, use the search tools on the Search Statistics page or contact us directly for more information.

The Statistical News Releases page includes those releases related to the Crime and Justice topic.

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A review of Scotland's criminal justice system designed to bring it into line with the European Convention on Human Rights has got under way.

Lord Carloway launched a public consultation on changes to "core" parts of the system, such as whether the current practice of detention and arrest should be replaced.

The consultation was ordered last October by Justice Secretary Kenny MacAskill when MSPs rushed emergency legislation through Holyrood in the wake of a ruling by the UK Supreme Court.

The court had considered an appeal by Peter Cadder, who was convicted at Glasgow Sheriff Court of two assaults and breach of the peace on interview evidence.

 

http://news.stv.tv/scotland/242621-review-of-scottish-criminal-procedure-launched-in-wake-of-supreme-court-ruling/



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The sentencing of a man convicted ofmurdering a woman whose body has never been found will be filmed for televisionin a legal first.

Permission has been granted to record the judge’s sentencing of David Gilroy at the High Court in Edinburgh next week for the murder of Suzanne Pilley.

The camera will focus on judge Lord Bracadale and nobody else will feature in the footage except the macer and the clerk, a spokesman for the Judiciary of Scotland said. Gilroy, 49, will not be filmed.

David Gilroy, who was found guilty pf murdering Suzanne Pilley
Suzanne Pilley

'Rare insight': In a British legal first, TV cameras will film the sentencing of David Gilroy (top), who was convicted last month of murdering Suzanne Pilley.



Read more: http://www.dailymail.co.uk/news/article-2128043/David-Gilroy-TV-cameras-capture-moment-murderer-sentenced-British-legal-first.html#ixzz1rjDYJmZm


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British legal history

judge

This chilling image captures murderer David Gilroy and his victim Suzanne Pilley only two days before he killed her. The grainy picture from a CCTV camera is the first published photograph showing the pair together. Gilroy was today sentenced to 18 years in jail for her murder in the first televised sentencing in a British court. The camera recorded judge Lord Bracadal (left) as he told Gilroy his fate during a hearing at the High Court in Edinburgh.

 

 

British legal history as judge sentences murderer live on TV: Killer caught on CCTV calmly buying groceries with his victim is jailed for 18 years


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