HER MAJESTY'S ADVOCATE v. ALEXANDER TOUATTI [2001] ScotHC 26 (4th May, 2001)

The reference of a devolution issue is not a free-standing procedure but is tied to the criminal proceedings in which it arises; when those proceedings end, the reference also ends.

Citation: [2001] ScotHC 26
Parties: Appellant: Her Majesty's Advocate; Respondent: Alexander Touati
Jurisdiction: Scotland
Procedural Posture: Criminal / Note of Referral Regarding Devolution Issue in Ongoing Prosecution
Outcome: reference held to be no longer live; accused must lodge fresh devolution minute if so advised
Legal Topics: Devolution Issue, Adjournment of Trial Diet, Compatibility With European Convention on Human Rights, Prosecutorial Powers Under Scotland Act 1998

Criminal Law Constitutional Law Devolution Issue Adjournment of Trial Diet Compatibility With European Convention on Human Rights Prosecutorial Powers Under Scotland Act 1998

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2

Parties

Her Majesty's Advocate

Appellant

Alexander Touati

Respondent

Procedural Posture

Criminal / Note of Referral Regarding Devolution Issue in Ongoing Prosecution

Legal Issues

1 Whether the reference of a devolution issue survives the falling of the indictment in criminal proceedings
2 Whether the adjournment of the trial diet was competent under the relevant rules

Ratio Decidendi

The reference of a devolution issue is not a free-standing procedure but is tied to the criminal proceedings in which it arises; when those proceedings end, the reference also ends.

Court Disposition

reference held to be no longer live; accused must lodge fresh devolution minute if so advised

Orders

reference dismissed as no longer live