THOMSON, PETITION OF CHRISTOPHER JOHN THOMSON AGAINST LORD KEEN OF ELIE QC, ADVOCATE GENERAL FOR SCOTLAND AND THE SCOTTISH MINISTERS FOR JUDICIAL REVIEW [2018] ScotCS CSOH_118 (12 December 2018)

The UK government’s continuing failure to bring into force in Scotland the extradition forum bar provisions in section 50 and schedule 20 to the Crime and Courts Act 2013 is unlawful and contrary to its duties under section 61 of the Act.

Citation: [2018] ScotCS CSOH_118
Parties: Petitioner: Christopher John Thomson; First Respondent: Lord Keen of Elie QC, Advocate General for Scotland; Second Respondents: The Scottish Ministers
Jurisdiction: Scotland
Judgment Date: 12 December 2018
Procedural Posture: Judicial Review / Final Judgment
Outcome: petition partially granted
Legal Topics: Extradition Forum Bar, Commencement of Legislation, Crime and Courts Act 2013

Public Law Extradition Law Extradition Forum Bar Commencement of Legislation Crime and Courts Act 2013

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Parties

Christopher John Thomson

Petitioner

Lord Keen of Elie QC, Advocate General for Scotland

First Respondent

The Scottish Ministers

Second Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the UK government acted unlawfully by failing to commence the extradition forum bar provisions in Scotland
2 Whether the UK government breached its duties under section 61 of the Crime and Courts Act 2013

Ratio Decidendi

Court Disposition

petition partially granted

Orders

Decree of declarator pronounced that the UK government is acting unlawfully and contrary to its duties under section 61 of the Crime and Courts Act 2013 in failing to commence the extradition forum bar provisions in Scotland
Other orders sought refused