Tuesday, 16 December 2008
ScoLAG journal article
My review of the project appeared in the Scottish Legal Action Group (ScoLAG) journal this month.
Wednesday, 10 December 2008
256 Years is Too Long!
According to ScottishLegal news, a murder case from 1752 will not be reviewed.
Further action may be considered by the applicant - either an application for a judicial review or an appeal to the Justice Secretary.
SCCRC yesterday confirmed that it had dismissed an attempt to examine the Appin murder of 1752, which is said to have inspired the story of Robert Louis Stevenson’s Kidnapped.The 18th century trial saw the Jacobite James Stewart hanged for the murder of Government agent Colin Campbell. Eleven out of the 15 jurors were Campbell and Hanoverian, and the most senior of the judges was the Duke of Argyll, chief of Clan Campbell.
The commission said it had two statutory tests it used before accepting cases for review and that the Appin case failed on the second test – it would not be in the interests of justice having regard to a number of factors, including the time lapse of 256 years.
Further action may be considered by the applicant - either an application for a judicial review or an appeal to the Justice Secretary.
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