JORDAN, PETITION OF JORDAN QUEEN FOR JUDICIAL REVIEW [2019] ScotCS CSOH_10 (31 January 2019)

JORDAN, PETITION OF JORDAN QUEEN FOR JUDICIAL REVIEW [2019] ScotCS CSOH_10 (31 January 2019)

Part 11 of the Antisocial Behaviour etc (Scotland) Act 2004 is ECHR compliant as it provides a clear and operable framework allowing recipients of fixed penalty notices to elect for trial within a stipulated period, thereby guaranteeing the right to a fair trial. Article 13 ECHR does not confer a free-standing right in domestic law and the statutory framework constitutes an effective remedy.

Citation
[2019] ScotCS CSOH_10
Parties
Petitioner: Jordan Queen; First Respondent: Lord Advocate; Third Respondent: Chief Constable, Police Scotland
Jurisdiction
Scotland
Judgment Date
31 January 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition refused
Legal Topics
Compatibility of Fixed Penalty Notice Regime With ECHR, Right to Fair Trial Under Article 6 ECHR, Effective Remedy Under Article 13 ECHR
Constitutional Law Human Rights Law Criminal Law Compatibility of Fixed Penalty Notice Regime With ECHR Right to Fair Trial Under Article 6 ECHR Effective Remedy Under Article 13 ECHR

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Parties

Jordan Queen

Petitioner

Lord Advocate

First Respondent

Chief Constable, Police Scotland

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Part 11 of the Antisocial Behaviour etc (Scotland) Act 2004 is incompatible with Articles 6 and 13 of ECHR
  2. 2 Whether the fixed penalty notice regime violates the right to a fair trial and effective remedy
  3. 3 Whether the petitioner waived his right to trial

Ratio Decidendi

Part 11 of the Antisocial Behaviour etc (Scotland) Act 2004 is ECHR compliant as it provides a clear and operable framework allowing recipients of fixed penalty notices to elect for trial within a stipulated period, thereby guaranteeing the right to a fair trial. Article 13 ECHR does not confer a free-standing right in domestic law and the statutory framework constitutes an effective remedy.

Court Disposition

petition refused

Orders

  • prayer of the petition refused