CRAIG, PETITION OF JAMES CRAIG AGAINST LORD KEEN OF ELIE QC, ADVOCATE GENERAL FOR SCOTLAND AND THE SCOTTISH MINISTERS FOR JUDICIAL REVIEW [2018] ScotCS CSOH_117 (12 December 2018)

CRAIG, PETITION OF JAMES CRAIG AGAINST LORD KEEN OF ELIE QC, ADVOCATE GENERAL FOR SCOTLAND AND THE SCOTTISH MINISTERS FOR JUDICIAL REVIEW [2018] ScotCS CSOH_117 (12 December 2018)

The UK government’s continuing failure to bring into force in Scotland the extradition forum bar provisions in section 50 of, and schedule 20 to, the Crime and Courts Act 2013 is unlawful and contrary to its duties under section 61 of the Act. Parliament intended a uniform approach and there is no power to commence the provisions in different parts at different times.

Citation
[2018] ScotCS CSOH_117
Parties
Petitioner: James Craig; First Respondent: Lord Keen of Elie QC, Advocate General for Scotland; Second Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
12 December 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Petition partially granted
Legal Topics
Commencement of Legislation, Forum Bar to Extradition, Ministerial Discretion, Parliamentary Privilege, Discrimination Under Article 14 ECHR
Administrative Law Extradition Law Constitutional Law Commencement of Legislation Forum Bar to Extradition Ministerial Discretion Parliamentary Privilege Discrimination Under Article 14 ECHR

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Parties

James Craig

Petitioner

Lord Keen of Elie QC, Advocate General for Scotland

First Respondent

The Scottish Ministers

Second Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the UK government acted unlawfully by failing to commence extradition forum bar provisions in Scotland
  2. 2 Whether the Scottish Ministers' opposition constitutes an unlawful decision
  3. 3 Whether non-commencement amounts to unlawful discrimination under Article 14 ECHR

Ratio Decidendi

The UK government’s continuing failure to bring into force in Scotland the extradition forum bar provisions in section 50 of, and schedule 20 to, the Crime and Courts Act 2013 is unlawful and contrary to its duties under section 61 of the Act. Parliament intended a uniform approach and there is no power to commence the provisions in different parts at different times.

Court Disposition

Petition partially granted

Orders

  • Declarator pronounced that the UK government is acting unlawfully by failing to bring into force in Scotland the extradition forum bar provisions in section 50 of, and schedule 20 to, the Crime and Courts Act 2013
  • Orders against the Scottish Ministers and interdict prohibiting extradition refused