THE PROCURATOR FISCAL EDINBURGH v. JAMIE PAUL MARSHALL [2012] ScotSC 75 (09 July 2012)

THE PROCURATOR FISCAL EDINBURGH v. JAMIE PAUL MARSHALL [2012] ScotSC 75 (09 July 2012)

The absence of provision for exceptional case remuneration under ABWOR, in circumstances where the solicitor must withdraw due to unrecoverable costs and no other solicitor will act, results in actual and inevitable prejudice to the accused and a breach of his right to a fair trial under Article 6 ECHR. The Lord Advocate cannot continue the prosecution in these circumstances.

Citation
[2012] ScotSC 75
Parties
Prosecutor: The Procurator Fiscal, Edinburgh; Accused: Jamie Paul Marshall
Jurisdiction
Scotland
Judgment Date
09 July 2012
Procedural Posture
Criminal / Debate on Devolution Minute Prior to Trial
Outcome
Complaint dismissed
Legal Topics
Legal Aid, Right to Fair Trial, Article 6 ECHR, Exceptional Case Remuneration, Antisocial Behaviour Orders
Criminal Law Human Rights Law Legal Aid Right to Fair Trial Article 6 ECHR Exceptional Case Remuneration Antisocial Behaviour Orders

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Parties

The Procurator Fiscal, Edinburgh

Prosecutor

Jamie Paul Marshall

Accused

Procedural Posture

Criminal / Debate on Devolution Minute Prior to Trial

Legal Issues

  1. 1 Whether the absence of provision for exceptional case remuneration under ABWOR breaches the accused's right to a fair trial under Article 6 ECHR
  2. 2 Whether the Lord Advocate can continue prosecution where the accused cannot be represented due to lack of legal aid funding

Ratio Decidendi

The absence of provision for exceptional case remuneration under ABWOR, in circumstances where the solicitor must withdraw due to unrecoverable costs and no other solicitor will act, results in actual and inevitable prejudice to the accused and a breach of his right to a fair trial under Article 6 ECHR. The Lord Advocate cannot continue the prosecution in these circumstances.

Court Disposition

Complaint dismissed

Orders

  • The prosecution against the accused is dismissed due to breach of Article 6 ECHR.