Kenny v. Procurator Fiscal [2002] ScotHC 92 (10 July 2002)

Kenny v. Procurator Fiscal [2002] ScotHC 92 (10 July 2002)

Article 6(1) ECHR does not apply as there was no determination of a criminal charge; Article 5(3) ECHR is inapplicable; no breach of convention rights occurred in the proceedings before the honorary sheriff.

Citation
[2002] ScotHC 92
Parties
Appellant: Kevin David Kenny; Respondent: Procurator Fiscal, Dumfries
Jurisdiction
Scotland
Judgment Date
10 July 2002
Procedural Posture
Note of Appeal in Reference of Devolution Issue / Appeal
Outcome
appeal dismissed
Legal Topics
Devolution Issue, Judicial Independence, Impartial Tribunal, European Convention on Human Rights, Appointment of Honorary Sheriffs
Criminal Law Constitutional Law Human Rights Devolution Issue Judicial Independence Impartial Tribunal European Convention on Human Rights Appointment of Honorary Sheriffs

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Parties

Kevin David Kenny

Appellant

Procurator Fiscal, Dumfries

Respondent

Procedural Posture

Note of Appeal in Reference of Devolution Issue / Appeal

Legal Issues

  1. 1 Whether proceedings before an honorary sheriff without legal qualifications meet requirements of Article 5(3) and Article 6(1) ECHR
  2. 2 Whether such a court is an independent and impartial tribunal
  3. 3 Whether the proceedings constituted determination of a criminal charge

Ratio Decidendi

Article 6(1) ECHR does not apply as there was no determination of a criminal charge; Article 5(3) ECHR is inapplicable; no breach of convention rights occurred in the proceedings before the honorary sheriff.

Court Disposition

appeal dismissed

Orders

  • Questions 3 and 5 answered in the negative; Question 1 conceded as inapplicable; Questions 2 and 4 not answered.