Beglan, Petition To the Nobile Officium by [2002] ScotHC 103 (15 August 2002)

Beglan, Petition To the Nobile Officium by [2002] ScotHC 103 (15 August 2002)

The unexplained and prolonged failure of the authorities to execute the warrant for the petitioner's imprisonment was oppressive and unfair, justifying the quashing of both the warrant and the sentence.

Citation
[2002] ScotHC 103
Parties
Petitioner: Anthony Beglan; Respondent: Crown
Jurisdiction
Scotland
Judgment Date
15 August 2002
Procedural Posture
Petition to the Nobile Officium / Judgment on Petition to Suspend Warrant and Quash Sentence
Outcome
Petition granted; warrant and sentence quashed.
Legal Topics
Delay in Execution of Sentence, Nobile Officium, Oppressive Conduct by Authorities
Criminal Law Judicial Review Delay in Execution of Sentence Nobile Officium Oppressive Conduct by Authorities

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Parties

Anthony Beglan

Petitioner

Crown

Respondent

Procedural Posture

Petition to the Nobile Officium / Judgment on Petition to Suspend Warrant and Quash Sentence

Legal Issues

  1. 1 Whether prolonged failure to execute a warrant for imprisonment is oppressive and justifies quashing the sentence and warrant

Ratio Decidendi

The unexplained and prolonged failure of the authorities to execute the warrant for the petitioner's imprisonment was oppressive and unfair, justifying the quashing of both the warrant and the sentence.

Court Disposition

Petition granted; warrant and sentence quashed.

Orders

  • Warrant for apprehension suspended and quashed.
  • Sentence of nine months imprisonment quashed.