PETITION BY JORDAN QUEEN AGAINST THE LORD ADVOCATE AND OTHERS [2020] ScotCS CSIH_15 (22 April 2020)

PETITION BY JORDAN QUEEN AGAINST THE LORD ADVOCATE AND OTHERS [2020] ScotCS CSIH_15 (22 April 2020)

The fixed penalty notice scheme under the 2004 Act is compatible with Article 6 ECHR because it provides the opportunity for a fair trial within 28 days. After this period, the criminal charge is extinguished and only enforcement remains. The enforcement process does not involve a pronouncement of guilt or a criminal conviction, and the statutory regime is sufficiently flexible to address interests of justice.

Citation
[2020] ScotCS CSIH_15
Parties
Petitioner and Reclaimer: Jordan Queen; First Respondent: The Lord Advocate as representing the Scottish Ministers; Second Respondent: The Advocate General for Scotland; Third Respondent: The Chief Constable of Police Scotland
Jurisdiction
Scotland
Judgment Date
22 April 2020
Procedural Posture
Judicial Review (petition for Declarator) / Reclaiming Motion (appeal) Against Refusal of Petition
Outcome
Reclaiming motion refused; petition dismissed.
Legal Topics
Fixed Penalty Notices, Article 6 ECHR (right to Fair Trial), Article 13 ECHR (right to Effective Remedy), Compatibility of Scottish Legislation With ECHR, Enforcement of Fines, Presumption of Innocence
Constitutional Law Human Rights Law Administrative Law Criminal Law Fixed Penalty Notices Article 6 ECHR (right to Fair Trial) Article 13 ECHR (right to Effective Remedy) Compatibility of Scottish Legislation With ECHR +2 more

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Parties

Jordan Queen

Petitioner and Reclaimer

The Lord Advocate as representing the Scottish Ministers

First Respondent

The Advocate General for Scotland

Second Respondent

The Chief Constable of Police Scotland

Third Respondent

Procedural Posture

Judicial Review (petition for Declarator) / Reclaiming Motion (appeal) Against Refusal of Petition

Legal Issues

  1. 1 Whether Part 11 of the Antisocial Behaviour etc. (Scotland) Act 2004 is incompatible with Article 6 ECHR (right to a fair trial)
  2. 2 Whether the fixed penalty notice procedure denies the presumption of innocence or right to a fair hearing after expiry of the 28-day period
  3. 3 Whether the enforcement of unpaid fixed penalties constitutes a criminal charge for Article 6 purposes

Ratio Decidendi

The fixed penalty notice scheme under the 2004 Act is compatible with Article 6 ECHR because it provides the opportunity for a fair trial within 28 days. After this period, the criminal charge is extinguished and only enforcement remains. The enforcement process does not involve a pronouncement of guilt or a criminal conviction, and the statutory regime is sufficiently flexible to address interests of justice.

Court Disposition

Reclaiming motion refused; petition dismissed.

Orders

  • Petition for declarator refused.
  • No incompatibility found between Part 11 of the 2004 Act and Article 6 ECHR.