HER MAJESTY'S ADVOCATE v. ANNIE MULVEY HARKINS GOURLAY or DICKSON [1999] ScotHC 218 (10th September, 1999)

HER MAJESTY'S ADVOCATE v. ANNIE MULVEY HARKINS GOURLAY or DICKSON [1999] ScotHC 218 (10th September, 1999)

The Act of Adjournal (Devolution Issues Rules) 1999 is intra vires the Lords Commissioners of Justiciary, as it is authorised by section 305(1) of the Criminal Procedure (Scotland) Act 1995 and paragraph 37 of Schedule 6 to the Scotland Act 1998. The procedural requirements for raising Devolution Issues, including the seven-day notice period, do not contravene Article 6 of the European Convention on Human Rights, as they are reasonable, proportionate, and allow for flexibility on cause shown.

Citation
[1999] ScotHC 218
Parties
Prosecutor: Her Majesty's Advocate; Accused: Annie Mulvey Harkins Gourlay or Dickson
Jurisdiction
Scotland
Procedural Posture
Criminal / Interlocutory Ruling on Objection During Trial
Outcome
Objection repelled; Act of Adjournal held intra vires; trial judge to proceed on that basis.
Legal Topics
Devolution Issues, Criminal Procedure, European Convention on Human Rights, Validity of Subordinate Legislation
Criminal Law Constitutional Law Human Rights Law Devolution Issues Criminal Procedure European Convention on Human Rights Validity of Subordinate Legislation

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Parties

Her Majesty's Advocate

Prosecutor

Annie Mulvey Harkins Gourlay or Dickson

Accused

Procedural Posture

Criminal / Interlocutory Ruling on Objection During Trial

Legal Issues

  1. 1 Whether the Act of Adjournal (Devolution Issues Rules) 1999 is ultra vires or intra vires the Lords Commissioners of Justiciary
  2. 2 Whether the notification requirements for raising Devolution Issues under the Act of Adjournal are compatible with Article 6 of the European Convention on Human Rights

Ratio Decidendi

The Act of Adjournal (Devolution Issues Rules) 1999 is intra vires the Lords Commissioners of Justiciary, as it is authorised by section 305(1) of the Criminal Procedure (Scotland) Act 1995 and paragraph 37 of Schedule 6 to the Scotland Act 1998. The procedural requirements for raising Devolution Issues, including the seven-day notice period, do not contravene Article 6 of the European Convention on Human Rights, as they are reasonable, proportionate, and allow for flexibility on cause shown.

Court Disposition

Objection repelled; Act of Adjournal held intra vires; trial judge to proceed on that basis.

Orders

  • Trial judge to proceed on the premise that the Act of Adjournal (Devolution Issues Rules) 1999 is valid and intra vires.