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Sentencing – Non-harassment order. High Court of Justiciary: In a case in which the appellant was convicted of a charge of behaving in a threatening or abusive manner and the sheriff made a non-harassment order requiring him to refrain from approaching, or contacting, or attempting to approach or contact, his wife and three children in any way, the court held that the sheriff did not have power to make a non-harassment order in respect of conduct towards the children as it did not see the only charge in respect of which the appellant was convicted as specifying 'an offence involving misconduct towards' the children; rather, it was an offence involving misconduct towards the appellant's wife. The court accordingly quashed the order and substituted one restricted to conduct in respect of the complainer, the appellant's wife.
Sentencing – Non-harassment order. High Court of Justiciary: In a case in which the appellant was convicted of a charge of behaving in a threatening or abusive manner and the sheriff made a non-harassment order requiring him to refrain from approaching, or contacting, or attempting to approach or contact, his wife and three children in any way, the court held that the sheriff did not have power to make a non-harassment order in respect of conduct towards the children as it did not see the only charge in respect of which the appellant was convicted as specifying 'an offence involving misconduct towards' the children; rather, it was an offence involving misconduct towards the appellant's wife. The court accordingly quashed the order and substituted one restricted to conduct in respect of the complainer, the appellant's wife.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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