You are currently browsing the archives for the James Chalmers category.

Schrödinger’s pardon: the difficulties of the Turing Bill

Published on: Author: James Chalmers 1 Comment

The last few days have seen some confusion over the law relating to historic convictions for consensual gay sex. First, the government announced that it would accept an amendment (proposed by the Lib Dem peer Lord Sharkey, and referred to as the “Sharkey amendment”), granting pardons to people convicted of such offences. Then a Private… Continue reading

GFSL: The Process of Law Reform in Criminal Evidence and Procedure

Published on: Author: johnmacleod Leave a comment

The next meeting of the Glasgow Forum for Scots Law will take place at on Wednesday 24 February at 3.30pm The Process of Law Reform in Criminal Evidence and Procedure Professors James Chalmers and Fiona Leverick will discuss the various law reform projects that have taken place relating to Scottish evidence law and procedure, from the… Continue reading

Abolishing the “not proven” verdict

Published on: Author: James Chalmers 2 Comments

The Scottish Parliament’s Justice Committee is currently considering the Criminal Verdicts (Scotland) Bill, the latest attempt to abolish Scotland’s peculiar “not proven” verdict. We have submitted evidence to the committee in support of abolishing that verdict, in the following terms. Justice Committee Criminal Verdicts (Scotland) Bill Written submission from James Chalmers and Fiona Leverick Thank… Continue reading

The decision in the Carmichael election petition

Published on: Author: James Chalmers 1 Comment

Public interest in the summary of the election court’s decision in the Carmichael case means that the Judiciary of Scotland website has temporarily become unresponsive. I’ve copied the text of the summary below for those who are interested. UPDATE (12.10pm). The judgment was published at 12 noon but seems now to have become inaccesible. I’ve… Continue reading

Thirty Metres of Murder: Alistair Carmichael Not In Court

Published on: Author: James Chalmers 3 Comments

“It’s quite unique to see a murder which you’re investigating on the silver screen. It’s just a shame the camera was pointing in the wrong direction.”– Kerstin Ekman, Thirty Metres of Murder Thanks to a combination of delayed flights and lost luggage on Sunday night after attending the European Law Institute conference in Vienna, I… Continue reading

The Glasgow bin lorry crash: why we need greater transparency in prosecutorial decision-making

Published on: Author: James Chalmers 4 Comments

The previous two days of the Fatal Accident Inquiry (FAI) currently taking place in Glasgow Sheriff Court must have been at least frustrating and often deeply distressing for everyone involved. In short, what happened was this. In February of this year, Crown Office announced that no criminal proceedings would be taken against Harry Clarke, the… Continue reading

The Glasgow bin lorry crash: renouncing the right to prosecute

Published on: Author: James Chalmers 2 Comments

Today’s Herald reports that the driver of the bin lorry involved in the tragedy in Glasgow’s George Square in December 2014 cannot be prosecuted given statements which Crown Office have already made to the effect that no criminal proceedings would be taken against him (or Glasgow City Council), criticising that decision in the light of… Continue reading

Abolishing consensual stop and search: would this leave gaps in the law?

Published on: Author: James Chalmers Leave a comment

One issue which the Independent Advisory Group on Stop and Search will have to consider is whether it should continue to be possible for the police to search individuals on a “consensual” basis. At present, the consent of a person to being searched is sufficient for a search to be carried out, even if there… Continue reading