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Keywords: Common law powers
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Review of Special Measures, Application to the Accused, Supplementary and Saving Provisions and Application of Vulnerable Witness Provisions to Proceedings in the District Court
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Laura Sharp and Margaret Ross
Published: 01 July 2008
... the witness is not the accused. It notes that section 271G preserves the existing common law powers of the court to authorise the use of special measures. It ends by explaining the powers of Scottish Ministers to extend by statutory instrument any of the vulnerable witness provisions to the District (now...
Chapter
Special Measures for Defendants
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Mark Ashford and others
Published: 07 May 2024
... the availability of special measures to a defendant through the use of live link and the use of an intermediary. The chapter covers the inherent common law powers of the court in choosing how to regulate a criminal trial. It considers the Divisional Court, which identified an inherent jurisdiction to direct...
Chapter
Published: 08 March 2018
... Rights Tracing Fiduciaries Powers Common law powers Equitable powers We have seen that the law of tracing works, in part, by distinguishing between transactions involving a variation of the claimant’s existing legal rights and transactions that have no such effect; a claim to traceable proceeds...
Chapter
Bind Over
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Mark Ashford and others
Published: 07 May 2024
.... It explores the common law powers of the court to do a bind over of its own motion as a measure of preventive justice where the person’s conduct amounts to a breach of the peace involving violence. It also reviews MCA 1980, s 115, which provides a magistrates’ court with the power to bind over to keep...
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