This item was published during the term of a previous administration that ended in April 2007
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Warrants case referred to High Court
18/01/2002
The Lord Advocate, Colin Boyd QC, has referred the
points of law which gave rise to the decision by Sheriff
Peter Gillam, reached during a recent alleged child
pornography case, to the High Court of Justiciary for
clarification.
On November 15, 2001, at the trial of Her Majesty's
Advocate v Andrew Aspinall at Linlithgow Sheriff Court the
sheriff upheld a defence objection on the admissibility of
a search made by the police.
Andrew James Aspinall was charged with contravention of
Section 52 and 52a of the Civic Government (Scotland ) Act
1982, namely he had in his possession indecent photographs
of children.
The Lord Advocate instructed that a reference should be
drafted. The formal documentation, known as a Lord
Advocate's Reference under section 123 of the Criminal
Procedure (Scotland) Act 1995, has now been lodged with the
court. The purpose of the reference is to clarify legal
points which have arisen in the course of the trial and
will not affect the verdict.
The High Court of Justiciary, sitting as an appeal
court, will set a date for the matter to be considered by
three or more High Court Judges at the Appeal Court in
Edinburgh.