Beck & Ors, Re Petitions To The Nobile Officium [2010] Scothc Hcjac_8 (29 January 2010)

Beck & Ors, Re Petitions To The Nobile Officium [2010] Scothc Hcjac_8 (29 January 2010)

Petitions to the nobile officium cannot be used to review or set aside final decisions of the High Court of Justiciary taken in its appellate capacity, including on grounds of alleged incompatibility with Convention rights, except in cases of fundamental procedural incompetence (such as an inquorate court). The Human Rights Act 1998 does not provide a route for such petitions in the High Court, and the statutory finality provisions remain effective. None of the present petitions demonstrates a procedural vice sufficient to elide the finality provision.

Parties
Petitioner: William Beck; Petitioner: Nat Fraser; Petitioner: Luke Mitchell; Petitioner: Colin Murphy; Petitioner: Alexander Gallagher; Respondent: Crown Agent
Jurisdiction
Scotland
Judgment Date
29 January 2010
Procedural Posture
Petitions to the Nobile Officium and Petitions Under the Human Rights Act 1998 / Review by Enlarged Bench Following Refusal or Administrative Appointment
Outcome
petitions dismissed as incompetent
Legal Topics
Finality of Criminal Appeals, Nobile Officium Jurisdiction, Human Rights Act 1998 Procedures, Judicial Review, Right to Fair Hearing, Statutory Interpretation
Criminal Law Human Rights Law Constitutional Law Finality of Criminal Appeals Nobile Officium Jurisdiction Human Rights Act 1998 Procedures Judicial Review Right to Fair Hearing +1 more

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Parties

William Beck

Petitioner

Nat Fraser

Petitioner

Luke Mitchell

Petitioner

Colin Murphy

Petitioner

Alexander Gallagher

Petitioner

Crown Agent

Respondent

Procedural Posture

Petitions to the Nobile Officium and Petitions Under the Human Rights Act 1998 / Review by Enlarged Bench Following Refusal or Administrative Appointment

Legal Issues

  1. 1 Whether the nobile officium can be invoked to review final decisions of the High Court of Justiciary
  2. 2 Whether alleged breaches of Convention rights render final criminal appeal decisions reviewable
  3. 3 Competency of petitions under the Human Rights Act 1998 in the High Court of Justiciary

Ratio Decidendi

Petitions to the nobile officium cannot be used to review or set aside final decisions of the High Court of Justiciary taken in its appellate capacity, including on grounds of alleged incompatibility with Convention rights, except in cases of fundamental procedural incompetence (such as an inquorate court). The Human Rights Act 1998 does not provide a route for such petitions in the High Court, and the statutory finality provisions remain effective. None of the present petitions demonstrates a procedural vice sufficient to elide the finality provision.

Court Disposition

petitions dismissed as incompetent

Orders

  • Each petition is dismissed as incompetent.