Brown, Re Application for Judicial Review [2004] ScotCS 212 (03 September 2004)

Brown, Re Application for Judicial Review [2004] ScotCS 212 (03 September 2004)

The petitioner has an unqualified right to a fair hearing and to appeal to the House of Lords within the prescribed period. The respondents cannot lawfully curtail that period by seeking to extradite the petitioner before it expires. The motion for the usual first order is granted, but interim suspension is not necessary due to the respondents' undertaking not to extradite pending a first hearing.

Citation
[2004] ScotCS 212
Parties
Petitioner: Leslie Brown; Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
03 September 2004
Procedural Posture
Judicial Review / Motion for First Order (interim Relief) in Outer House
Outcome
Motion for first order granted; interim suspension not granted due to respondents' undertaking.
Legal Topics
Judicial Review of Administrative Action, Right to Fair Hearing, Extradition Procedure, Article 6 ECHR, Natural Justice
Administrative Law Human Rights Law Extradition Law Judicial Review of Administrative Action Right to Fair Hearing Extradition Procedure Article 6 ECHR Natural Justice

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Parties

Leslie Brown

Petitioner

The Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Motion for First Order (interim Relief) in Outer House

Legal Issues

  1. 1 Whether the respondents' decision to extradite the petitioner before expiry of the appeal period was unreasonable, unlawful, or breached the right to a fair hearing under Article 6 ECHR
  2. 2 Whether refusal to grant an adjournment and lack of legal representation breached natural justice

Ratio Decidendi

The petitioner has an unqualified right to a fair hearing and to appeal to the House of Lords within the prescribed period. The respondents cannot lawfully curtail that period by seeking to extradite the petitioner before it expires. The motion for the usual first order is granted, but interim suspension is not necessary due to the respondents' undertaking not to extradite pending a first hearing.

Court Disposition

Motion for first order granted; interim suspension not granted due to respondents' undertaking.

Orders

  • Grant of the usual first order (interim relief)
  • No interim suspension as respondents undertook not to extradite pending first hearing