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Criminal procedure – Bail conditions – Right to respect for private and family life. High Court of Justiciary: In the case of an accused who, after pleading not guilty to, inter alia, assaulting his girlfriend, was admitted to bail subject to special conditions that he should not enter the street where she lived or attempt to contact her, and who appealed against a sheriff's refusal of his application to vary the bail conditions and presented a compatibility minute averring that the complainer did not wish him to be subject to the special conditions and that his and her rights under art 8 of the European Convention on Human Rights had been breached, the court proceeded on the basis that the accused and complainer had art 8 rights which were sufficiently engaged but held that they had not been infringed; that the existing procedures in relation to bail applications of the kind under consideration were convention-compliant; and that while the complainer had no right to be represented in court or to address the court that did not mean that there was no mechanism for drawing her views to the court's attention.
Criminal procedure – Bail conditions – Right to respect for private and family life. High Court of Justiciary: In the case of an accused who, after pleading not guilty to, inter alia, assaulting his girlfriend, was admitted to bail subject to special conditions that he should not enter the street where she lived or attempt to contact her, and who appealed against a sheriff's refusal of his application to vary the bail conditions and presented a compatibility minute averring that the complainer did not wish him to be subject to the special conditions and that his and her rights under art 8 of the European Convention on Human Rights had been breached, the court proceeded on the basis that the accused and complainer had art 8 rights which were sufficiently engaged but held that they had not been infringed; that the existing procedures in relation to bail applications of the kind under consideration were convention-compliant; and that while the complainer had no right to be represented in court or to address the court that did not mean that there was no mechanism for drawing her views to the court's attention.
The Chair of the Bar reports back
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Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
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As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
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Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC