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Gerard Sinclair
Gerard Sinclair is Chief Executive of the Scottish Criminal Cases Review Commission (SCCRC). Background Gerard Sinclair is qualified in both Scots law and English law. As a solicitor in private practice for 19 years, and a senior partner with a Glasgow law firm, his legal experience covered all areas of criminal, civil and commercial litigation. He has served as a member of the Council of the Law Society of Scotland and is also involved on the Law Society Criminal Law Committee. In May 2006 he was appointed a part-time sheriff. SCCRC Gerard Sinclair became the SCCRC's Chief Executive on 30 June 2003. He is responsible for the day-to-day management of the Commission, and for ensuring the efficient and expeditious progressing of the Commission's cases. The SCCRC conducted a review of the conviction of Abdelbaset al-Megrahi in the Pan Am Flight 103 bombing trial and in 2007 referred the case back to the High Court of Justiciary The High Court of Justiciary is the supreme cri ...
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Scottish Criminal Cases Review Commission
The Scottish Criminal Cases Review Commission (SCCRC) is an executive non-departmental public body of the Scottish Government, established by the Criminal Procedure (Scotland) Act 1995 (as amended by the Crime and Punishment (Scotland) Act 1997). The commission has the statutory power to refer cases dealt with on indictment (''ie'' solemn procedure cases) to the High Court of Justiciary. This was extended to include summary cases by Statutory Instrument on 31 March 1999, immediately before the Commission took up its role in April 1999. Though funded by the Scottish Government, investigations are carried out independently of Scottish Ministers, with the Commission being accountable to the Scottish Parliament on matters of finance and administration. Governance and administration The commission is headed by chief executive, Gerard Sinclair, and staffed by a director of corporate services, two senior legal officers, six legal officers and three administrative support staff. ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotland), ...
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Glasgow
Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated population of 635,640. Straddling the border between historic Lanarkshire and Renfrewshire, the city now forms the Glasgow City Council area, one of the 32 council areas of Scotland, and is governed by Glasgow City Council. It is situated on the River Clyde in the country's West Central Lowlands. Glasgow has the largest economy in Scotland and the third-highest GDP per capita of any city in the UK. Glasgow's major cultural institutions – the Burrell Collection, Kelvingrove Art Gallery and Museum, the Royal Conservatoire of Scotland, the Royal Scottish National Orchestra, Scottish Ballet and Scottish Opera – enjoy international reputations. The city was the European Capital of Culture in 1990 and is notable for its architecture, cult ...
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Litigation
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party i ...
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Law Society Of Scotland
The Law Society of Scotland is the professional governing body for Scottish solicitors. It promotes excellence among solicitors through the support and regulation of its members. It also promotes the interests of the public in relation to the profession. The Society helps to shape the law for the benefit of both the public and the profession. The Society was established by statute in 1949 and its rules are set out in the Solicitors (Scotland) Act 1980. All practising solicitors, currently around 10,500, are members. The Society is funded by its members and has an annual budget of almost £8 million. History Lawyers in Scotland have been organised in professional bodies since at least the sixteenth century. The Faculty of Advocates was established as the body for practising advocates in 1532, though its origins are thought to date from even earlier. Other lawyers were represented by associations and faculties of procurators and solicitors. Among those that still exist, the S ...
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Sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly translated to English as ''sherif''. Description Historically, a sheriff was a legal official with responsibility for a shire, the term being a contraction of " shire reeve" (Old English ). In British English, the political or legal office of a sheriff, term of office of a sheriff, or jurisdiction of a sheriff, is called a shrievalty in England and Wales, and a sheriffdom in Scotland. In modern times, the specific combination of legal, political and ceremonial duties of a sheriff varies greatly from country to country. * In England, Northern Ireland, or Wales, a sheriff (or high sheriff) is a ceremonial county or city official. * In Scotland, sheriffs are judges. * In the Republic of Ireland, in some counties and in the cities of Dubli ...
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Abdelbaset Al-Megrahi
) , birth_date = , birth_place = Tripoli, Kingdom of Libya , death_date = , death_place = Tripoli, Libya , cause = Prostate cancer , nationality = Libyan , race = Arab , gender = Male , height = , weight = , occupation = , parents = , siblings = Zeinab (eldest sister) and others , spouse = , children = 4 sons, 1 daughter , conviction = Murder (270 counts) , conviction_penalty = Life imprisonment , conviction_status = Died following compassionate release , added_date = 23 March 1995 , caught_date = 5 April 1999 , remove_date = , number = 441 , status = Captured Abdelbaset Ali Mohmed al-Megrahi ( ar, عبد الباسط محمد علي المقرحي, ; 1 April 1952 – 20 May 2012) was a Libyan who was head of security for Libyan Arab Airlines, d ...
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Pan Am Flight 103 Bombing Trial
The Pan Am Flight 103 bombing trial began on 3 May 2000, 11 years, 4 months and 13 days after the destruction of Pan Am Flight 103 on 21 December 1988. The 36-week bench trial took place at a specially convened Scottish Court in the Netherlands set up under Scots law and held at a disused United States Air Force base called Camp Zeist near Utrecht. Trial set-up Venue Upon the indictment of the two Libyan suspects in November 1991, the Libyan government was called upon to extradite them for trial in either the United Kingdom or the United States. Since no bilateral extradition treaty was in force between any of the three countries, Libya refused to hand the men over but did offer to detain them for trial in Libya, as long as all the incriminating evidence was provided. The offer was unacceptable to the US and UK, and there was an impasse for the next three years. In November 1994, President Nelson Mandela offered South Africa as a neutral venue for the trial but this was rejected ...
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High Court Of Justiciary
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi. The president of the High Court is the Lord Justice General, who holds office '' ex officio'' by virtue of being Lord President of the Court of Session, and his depute is the Lor ...
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