Rodenhurst v Chief Constable of Grampian [1991] ScotCS CSIH_5 (02 August 1991)

Rodenhurst v Chief Constable of Grampian [1991] ScotCS CSIH_5 (02 August 1991)

The sheriff acts in a judicial capacity when hearing appeals under the Firearms Act 1968, and his decision is subject to review by the sheriff principal or Court of Session. Kaye v. Hunter was wrongly decided and is overruled. The sheriff principal erred in holding the appeal incompetent. The original revocation decision was based on material misapprehension and cannot stand.

Citation
[1991] ScotCS CSIH_5
Parties
Pursuer: Rodenhurst; Defender: Chief Constable of Grampian Police
Jurisdiction
Scotland
Judgment Date
02 August 1991
Procedural Posture
Appeal / Court of Session, Inner House
Outcome
Appeal sustained against sheriff principal's interlocutor; appeal held competent; appeal refused on merits; interlocutor of sheriff adhered to.
Legal Topics
Firearms Certificate Revocation, Appeals Procedure, Judicial Vs Administrative Jurisdiction
Administrative Law Criminal Law Firearms Certificate Revocation Appeals Procedure Judicial Vs Administrative Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Rodenhurst

Pursuer

Chief Constable of Grampian Police

Defender

Procedural Posture

Appeal / Court of Session, Inner House

Legal Issues

  1. 1 Whether appeal from sheriff to sheriff principal is competent under Firearms Act 1968
  2. 2 Whether sheriff acts in judicial or administrative capacity in firearms appeals
  3. 3 Whether revocation decision was based on material misapprehension

Ratio Decidendi

The sheriff acts in a judicial capacity when hearing appeals under the Firearms Act 1968, and his decision is subject to review by the sheriff principal or Court of Session. Kaye v. Hunter was wrongly decided and is overruled. The sheriff principal erred in holding the appeal incompetent. The original revocation decision was based on material misapprehension and cannot stand.

Court Disposition

Appeal sustained against sheriff principal's interlocutor; appeal held competent; appeal refused on merits; interlocutor of sheriff adhered to.

Orders

  • Hold appeal to sheriff principal competent
  • Refuse appeal on merits