Harris v. Her Majesty's Advocate [2009] ScotHC HCJAC_85 (24 September 2009)

Harris v. Her Majesty's Advocate [2009] ScotHC HCJAC_85 (24 September 2009)

Once an appeal against conviction on indictment has been finally determined, it is not competent for the High Court to review that decision except under express statutory powers governing references from the Scottish Criminal Cases Review Commission; section 124(2) of the 1995 Act and binding precedent preclude further review by petition to the nobile officium.

Citation
[2009] ScotHC HCJAC_85
Parties
Petitioner: Stuart Harris; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
24 September 2009
Procedural Posture
Petition to the Nobile Officium / Final Appellate Review
Outcome
petition dismissed as incompetent
Legal Topics
Finality of Conviction, Jurisdiction of Appellate Court, European Convention on Human Rights Article 6, Statutory Interpretation
Criminal Law Appellate Procedure Human Rights Finality of Conviction Jurisdiction of Appellate Court European Convention on Human Rights Article 6 Statutory Interpretation

Case Brief

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Parties

Stuart Harris

Petitioner

Her Majesty's Advocate

Respondent

Procedural Posture

Petition to the Nobile Officium / Final Appellate Review

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review a final conviction decision via petition to the nobile officium
  2. 2 Whether Article 6 ECHR and Human Rights Act 1998 require reopening of conviction appeals
  3. 3 Whether section 124(2) of the Criminal Procedure (Scotland) Act 1995 precludes further review

Ratio Decidendi

Once an appeal against conviction on indictment has been finally determined, it is not competent for the High Court to review that decision except under express statutory powers governing references from the Scottish Criminal Cases Review Commission; section 124(2) of the 1995 Act and binding precedent preclude further review by petition to the nobile officium.

Court Disposition

petition dismissed as incompetent

Orders

  • Petition to the nobile officium refused
  • No re-opening of conviction appeal