1 A D Gibb, “Fair play for the criminal” 1954 JR 199. No doubt the title of Gibb's article is unfortunate given the presumption of innocence (hence the title of this note), but Gibb did not seem particularly enamoured with that rule either: see the same article, at 199-200.
2 1926 JC 1.
3 Gibb (n 1) at 219.
4 Gibb (n 1) at 199.
5 Welsh v HM Advocate (1974) 38 J Crim L 151; HM Advocate v O'Donnell 1975 SLT (Sh Ct) 22; Jamieson v Annan 1988 JC 62.
6 See generally A G Walker and N M L Walker, The Law of Evidence in Scotland, 2nd edn, by M L Ross with J Chalmers (2000) paras 9.11-9.21.
7  HCJ 5, 2006 SLT 946, 2006 SCCR 305.
8 Higgins at para 5 per Lord Macphail.
9 The three accused were then acquitted of all charges after the Crown decided not to proceed on certain charges and Lord Macphail sustained a submission of no case to answer in respect of the remaining charge. See para 30.
10 Covert Surveillance: Code of Practice, issued by Scottish Ministers under the Regulation of Investigatory Powers (Scotland) Act 2000 s 24(1) and brought into force by the Regulation of Investigatory Powers (Covert Surveillance - Code of Practice) (Scotland) Order 2003, SSI 2003/183. The text is available at http://www.scotland.gov.uk/Publications/2003/03/16695/19532.