Harrison v. Chief Constable Grampian Police [2004] ScotSC 11 (09 February 2004)

Harrison v. Chief Constable Grampian Police [2004] ScotSC 11 (09 February 2004)

The sheriff principal held that the sheriff's findings in fact were binding in the absence of a record of evidence, that no error of law or breach of natural justice was demonstrated, and that the sheriff had applied the correct legal test under the Firearms Act 1968. The appeal could only be entertained on a point of law, and none was established.

Citation
[2004] ScotSC 11
Parties
Pursuer and Appellant: Shirley Harrison; Defender and Respondent: Chief Constable, Grampian Police
Jurisdiction
Scotland
Judgment Date
09 February 2004
Procedural Posture
Summary Application (appeal Against Revocation of Firearm and Shotgun Certificates) / Appeal From Sheriff to Sheriff Principal
Outcome
Appeal refused; sheriff's decision adhered to with minor correction.
Legal Topics
Revocation of Firearm and Shotgun Certificates, Appeals on Point of Law, Natural Justice, Assessment of Witness Credibility, Public Safety and Firearms Licensing
Administrative Law Firearms Law Criminal Law Revocation of Firearm and Shotgun Certificates Appeals on Point of Law Natural Justice Assessment of Witness Credibility Public Safety and Firearms Licensing

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Parties

Shirley Harrison

Pursuer and Appellant

Chief Constable, Grampian Police

Defender and Respondent

Procedural Posture

Summary Application (appeal Against Revocation of Firearm and Shotgun Certificates) / Appeal From Sheriff to Sheriff Principal

Legal Issues

  1. 1 Whether the sheriff erred in law in dismissing the appeal against revocation of firearm and shotgun certificates
  2. 2 Whether the sheriff's findings in fact were open to review in absence of a record of evidence
  3. 3 Whether there was a breach of natural justice or procedural unfairness

Ratio Decidendi

The sheriff principal held that the sheriff's findings in fact were binding in the absence of a record of evidence, that no error of law or breach of natural justice was demonstrated, and that the sheriff had applied the correct legal test under the Firearms Act 1968. The appeal could only be entertained on a point of law, and none was established.

Court Disposition

Appeal refused; sheriff's decision adhered to with minor correction.

Orders

  • Appeal refused and interlocutors of the sheriff dated 25 April and 4 November 2003 adhered to, subject to substitution of 'heard' for 'seen' in finding in fact 18.
  • Pursuer and appellant found liable to defender and respondent in expenses of the appeal as taxed; account to be remitted to auditor of court to tax and report.