Jones & Anor, Re Leave to Appeal [2009] ScotHC HCJAC_108 (27 November 2009)

Jones & Anor, Re Leave to Appeal [2009] ScotHC HCJAC_108 (27 November 2009)

Leave to appeal to the Supreme Court was refused because the application was premature, concerned only the application of established legal principles to the facts, did not raise an arguable point of law of general importance, and granting leave would cause undue delay and procedural complications for the trial of all accused.

Citation
[2009] ScotHC HCJAC_108
Parties
First Appellant: Calum Jones; Second Appellant: John Doyle; Respondent: Crown
Jurisdiction
Scotland
Judgment Date
27 November 2009
Procedural Posture
Application for Leave to Appeal to the Supreme Court / Post Appeal, Pre Trial
Outcome
Applications for leave to appeal to the Supreme Court refused in hoc statu.
Legal Topics
Entrapment, Devolution Issue, Article 6 ECHR, Leave to Appeal, Pre Trial Procedure
Criminal Law Human Rights Law Entrapment Devolution Issue Article 6 ECHR Leave to Appeal Pre Trial Procedure

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Parties

Calum Jones

First Appellant

John Doyle

Second Appellant

Crown

Respondent

Procedural Posture

Application for Leave to Appeal to the Supreme Court / Post Appeal, Pre Trial

Legal Issues

  1. 1 Whether leave to appeal to the Supreme Court should be granted prior to trial on the issue of entrapment and compatibility with Article 6 ECHR

Ratio Decidendi

Leave to appeal to the Supreme Court was refused because the application was premature, concerned only the application of established legal principles to the facts, did not raise an arguable point of law of general importance, and granting leave would cause undue delay and procedural complications for the trial of all accused.

Court Disposition

Applications for leave to appeal to the Supreme Court refused in hoc statu.

Orders

  • Leave to appeal to the Supreme Court refused.