Megrahi v. Her Majesty's Advocate [2008] ScotHC HCJAC_15 (07 March 2008)

Megrahi v. Her Majesty's Advocate [2008] ScotHC HCJAC_15 (07 March 2008)

Where public interest immunity is asserted by the UK Government on reserved matters such as national security and international relations, it is competent for the Advocate General to advance such a plea in Scottish criminal proceedings, even if the Lord Advocate does not herself assert the immunity. The court is the proper arbiter of competing public interests.

Citation
[2008] ScotHC HCJAC_15
Parties
Petitioner: Abdelbaset Ali Mohmed Al Megrahi; Respondent: Her Majesty's Advocate; Respondent: The Advocate General for Scotland
Jurisdiction
Scotland
Judgment Date
07 March 2008
Procedural Posture
Petition for Recovery of Documents / Interlocutory Hearing on Competency of Advocate General's Plea in Law
Outcome
Appellant's motion to repel the Advocate General's fourth plea-in-law refused.
Legal Topics
Public Interest Immunity, Disclosure of Evidence, Devolution, Prosecutorial Independence
Criminal Law Constitutional Law Public Interest Immunity Disclosure of Evidence Devolution Prosecutorial Independence

Case Brief

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Parties

Abdelbaset Ali Mohmed Al Megrahi

Petitioner

Her Majesty's Advocate

Respondent

The Advocate General for Scotland

Respondent

Procedural Posture

Petition for Recovery of Documents / Interlocutory Hearing on Competency of Advocate General's Plea in Law

Legal Issues

  1. 1 Whether the Advocate General's fourth plea-in-law asserting public interest immunity is competent in Scottish criminal proceedings where the Lord Advocate does not herself assert the immunity.

Ratio Decidendi

Where public interest immunity is asserted by the UK Government on reserved matters such as national security and international relations, it is competent for the Advocate General to advance such a plea in Scottish criminal proceedings, even if the Lord Advocate does not herself assert the immunity. The court is the proper arbiter of competing public interests.

Court Disposition

Appellant's motion to repel the Advocate General's fourth plea-in-law refused.

Orders

  • The Advocate General's fourth plea-in-law is held competent.
  • Case to be put out for further procedure.