PETITION OF JOSEPH GRANGER TO THE NOBILE OFFICIUM [2001] ScotHC 17 (11th April, 2001)
The petition is incompetent because section 124(2) of the 1995 Act prohibits review of the High Court's own interlocutors except in specified statutory circumstances, which do not apply here. The nobile officium cannot be used to circumvent this statutory bar to review the merits of a concluded appeal.
- Citation
- [2001] ScotHC 17
- Parties
- Petitioner: Joseph Granger
- Jurisdiction
- Scotland
- Procedural Posture
- Petition to the Nobile Officium / Application for Order for Intimation and Service
- Outcome
- Petition refused as incompetent.
- Legal Topics
- Nobile Officium, Finality of Criminal Appeals, European Convention on Human Rights Article 6, Review of Convictions
Case Brief
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Parties
Joseph Granger
Petitioner
Procedural Posture
Petition to the Nobile Officium / Application for Order for Intimation and Service
Legal Issues
- 1 Whether the High Court can review its own final interlocutor in a criminal appeal via the nobile officium in light of a European Court of Human Rights judgment
- 2 Whether the petition is competent given statutory restrictions on review
Ratio Decidendi
The petition is incompetent because section 124(2) of the 1995 Act prohibits review of the High Court's own interlocutors except in specified statutory circumstances, which do not apply here. The nobile officium cannot be used to circumvent this statutory bar to review the merits of a concluded appeal.
Court Disposition
Petition refused as incompetent.
Orders
- Refused to grant order for intimation and service.
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