Absolute discharge Where a individual has pleaded guilty or been convicted of an offence, in specific circumstances the court could, as an alternative of imposing a sentence (and on summary complaint alternatively of convicting), discharge that particular person totally. Nigeria argued that it was in the public interest to disclose the proof collated on the basis that: (a) it intended to use the documents to secure and recover the proceeds of corruption (b) effective proceedings would help in efforts to lower corrupt activities (c) it would demonstrate that the UK was not a secure haven for corruptly acquired assets and (d) it would permit their recovery where Alamieyeseigha’s flight would otherwise thwart the criminal confiscation approach.
Simply because of the threat of a chilling effect for journalists reporting on important crime and court circumstances and the relatively extreme character of the sanction, the majority of the Court discovered that the criminal fine imposed on the journalist breached Post ten of the ECHR. Section 76 indictment/letter An accused particular person charged with a serious offence might give notice in writing that he intends to plead guilty to an indictment beneath section 76 of the Criminal Procedure (Scotland) Act 1995. Roughly a third of the Proceedings are missing for the period from 1674 to 1714, right after which a continuous series survives.
Diligence Procedure for enforcing an order of the court, or for recovering documents from an opponent or other person or for obtaining the proof of witnesses prior to a commissioner. For the period from 1791, the Criminal Registers (CR) , lists of prisoners held at Newgate prison , frequently present information about the accused which can not be obtained in the Proceedings, like physical descriptions of the prisoners and their areas of birth. The Chamber regarded as the criminal sanction of Bédat, who had published confidential details about a criminal case, not necessary in a democratic society.
The 3 dissenting judges argued that the content material of the data published by the journalist did not contribute to a debate on a matter of public interest and they emphasized the importance of the secrecy of criminal investigations, guaranteeing the rights of privacy of the accused, the presumption of innocence and the correct to a fair trial. Alamieyeseigha was arrested and charged with counts of income laundering contrary to the Criminal Justice Act 1988 and the Proceeds of Crime Act 2002.
It would be surprising for relevant disclosure to be refused to a victim state pursuing a claim to recover corrupt assets, unless there was a threat of prejudice to a criminal investigation or prosecution, in which case the application for disclosure is unlikely to be produced. Starred motion A motion in the Court of Session for which appearance is essential by or for a celebration to the proceedings.
