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Fraser V HM Advocate
''Fraser v Her Majesty's Advocate'' (2011) UKSC 24 is a decision of the Supreme Court of the United Kingdom relating to the effect of non-disclosure of evidence to the defence at trial and the role of the Supreme Court of the United Kingdom in Scots criminal law. Background and trial On 29 January 2003, Nat Fraser was convicted by a majority verdict at the High Court at Edinburgh, before Lord Mackay of Drumadoon and a jury, of the murder of his wife Arlene. He was duly sentenced to life imprisonment with a punishment part of 25 years. His wife had disappeared in 1998 and he insisted that he was innocent of any involvement in her disappearance and presumed death. The cornerstone of the Crown's case against Fraser was that on 7 May he had returned certain rings from the dead body of his wife, 9 days after she vanished, in order to foster the appearance that she had decided to leave of her own volition. The trial judge directed the jury that they were obliged to acquit Fraser if th ...
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Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ...
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Life Imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes or any three felonies in case of three-strikes law. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884. Where life imprisonment is a possible sentence, there may als ...
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Kenny MacAskill
Kenneth Wright MacAskill (born 28 April 1958) is a Scottish politician who has been Member of Parliament (MP) for East Lothian since 2019. He previously served as Cabinet Secretary for Justice from 2007 to 2014 and was a Member of the Scottish Parliament (MSP) from 1999 to 2016. A former member of the Scottish National Party (SNP), he defected to the Alba Party in 2021, and serves as their depute leader. Born in Edinburgh and educated at Linlithgow Academy, MacAskill studied law at the University of Edinburgh and was a senior partner in a law firm in Glasgow. He was a long-standing member of the SNP's National Executive Committee and served as treasurer and vice convener of policy, before being elected at the 1999 Scottish Parliament election. He was convener of the Scottish Parliament Subordinate Legislation Committee from 1999 to 2001. Following the SNP's victory in 2007, MacAskill was appointed as Cabinet Secretary for Justice in the Scottish Government. In this role, he o ...
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Cabinet Secretary For Justice
The Cabinet Secretary for Justice and Veterans, commonly referred to as the Justice Secretary, is a position in the Scottish Government Cabinet. The Cabinet Secretary has overall responsibility for law and order in Scotland. The Cabinet Secretary is assisted by the Minister for Community Safety. The current Cabinet Secretary for Justice is Keith Brown, who was appointed in May 2021. History The position was created in 1999 as the Minister for Justice, with the advent of devolution and the institution of the Scottish Parliament, taking over some of the roles and functions of the former Scottish Office Minister of State for Home Affairs that existed prior to 1999. As with the UK Secretary of State for Justice, but unlike some other justice ministers, the Cabinet Secretary does not have any oversight of prosecutions - in Scotland these are handled by the Lord Advocate. Overview Responsibilities The responsibilities of the Cabinet Secretary for Justice include: *Policing *Fir ...
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Alistair Campbell, Lord Bracadale
Alastair Peter Campbell, Lord Bracadale, KC is a retired senior Scottish judge. Early life Campbell was born on 18 September 1949 in Skye, Scotland, to Rev. Donald Campbell and Margaret Campbell. His family moved to Edinburgh when he was two years old, where he was brought up. He was educated at George Watson's College, and took an MA at the University of Aberdeen. He worked as an English teacher at the Vale of Leven Academy in Dumbartonshire during 1973–75, before returning to university to study law at the University of Strathclyde. Legal career Campbell was admitted as a solicitor in 1979 and entered the Crown Office and Procurator Fiscal Service as a prosecutor. He was admitted to the Faculty of Advocates in 1985, called to the English Bar at the Inner Temple in 1990, and served as an Advocate Depute from 1990 until 1993. In 1995, he became a Queen's Counsel and Standing Junior Counsel to HM Customs and Excise. He was a member of the Criminal Justice Forum from 199 ...
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UK Supreme Court
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ...
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Scotland Act 1998
The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was one of the most significant constitutional pieces of legislation to be passed by the UK Parliament between the passing of the European Communities Act in 1972 and the European Union (Withdrawal) Act in 2018 and is the most significant piece of legislation to affect Scotland since the Acts of Union in 1707 which ratified the Treaty of Union and led to the disbandment of the Parliament of Scotland. Content and history The Act was introduced by the Labour government in 1998 to give effect to the Scottish devolution referendum in 1997 which showed that Scotland was in favour of both of the set questions, firstly for the creation of a parliament for Scotland and secondly, that this parliament should have tax varying powers. The Act creates ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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Miscarriage Of Justice
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal procedure, criminal or civil procedure, civil proceeding, such as the conviction and punishment of a person for a crime they actual innocence, did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation. Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness identification, eyewitness misidentification; faulty forensic analysis; false confessions by vulnerable suspects; perjury and lies stated by witnesses; police misconduct, misconduct by police, prosecutorial misconduct, prosecutors or judicial miscondu ...
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Police Constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other people may be granted powers of a constable without holding this title. Etymology Historically, the title comes from the Latin ''comes stabuli'' ( attendant to the stables, literally ''count of the stable'') and originated from the Roman Empire; originally, the constable was the officer responsible for keeping the horses of a lord or monarch.p103, Bruce, Alistair, ''Keepers of the Kingdom'' (Cassell, 2002), Constable
Encyclopædia Britannica online
The title was imported to the



Alan Johnston, Lord Johnston
Alan Charles Macpherson Johnston, PC (13 January 1942 – 14 June 2008) was a Senator of the College of Justice in Scotland until his death in 2008 at the age of 66. He was appointed in 1994. He served as chairman of the Scottish Division of the Employment Appeal Tribunal from 1996 to 2005. Life He was born in Stirling in central Scotland on 13 January 1942 the son of Alastair McPherson Johnston, Lord Dunpark (1915–1991). He was educated at Edinburgh Academy and Loretto College before winning a place to study law at Jesus College, Cambridge. He returned to Scotland to study Scottish Law at Edinburgh University and then trained as an advocate, passing the Bar in 1967. He was Standing Junior Counsel to the Scottish Home and Health Department from 1974 to 1979 and served as an Advocate Depute from 1979 to 1982. He was appointed Queen's Counsel in 1980. Lord Johnston was a chairman of Industrial Tribunals (1982–85) and of Medical Appeal Tribunals (1985–89). He was the trea ...
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