LIEUWE HOEKSTRA and JAN VAN RIJS and RONNY VAN RIJS and HENDRIK VAN RIJS v. HER MAJESTY'S ADVOCATE [2000] ScotHC 66 (2nd June, 2000)

LIEUWE HOEKSTRA and JAN VAN RIJS and RONNY VAN RIJS and HENDRIK VAN RIJS v. HER MAJESTY'S ADVOCATE [2000] ScotHC 66 (2nd June, 2000)

The minute raised by the appellants did not constitute a devolution issue as defined by the Scotland Act 1998, and the court has jurisdiction to determine this. The motion to refer the matter to the Privy Council was refused. Interim liberation was also refused due to the seriousness of the convictions and risk to the interests of justice.

Citation
[2000] ScotHC 66
Parties
Appellant: Lieuwe Hoekstra; Appellant: Jan Van Rijs; Appellant: Ronny Van Rijs; Appellant: Hendrik Van Rijs; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Procedural Posture
Criminal Appeal / Continued Notes of Appeal Against Conviction and Sentence
Outcome
motion refused
Legal Topics
Devolution Issue, Judicial Impartiality, European Convention on Human Rights, Interim Liberation, Appeal Procedure
Criminal Law Constitutional Law Human Rights Law Devolution Issue Judicial Impartiality European Convention on Human Rights Interim Liberation Appeal Procedure

Case Brief

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Parties

Lieuwe Hoekstra

Appellant

Jan Van Rijs

Appellant

Ronny Van Rijs

Appellant

Hendrik Van Rijs

Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Criminal Appeal / Continued Notes of Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the court's interlocutor of 9 March 2000 constituted a devolution issue requiring referral to the Privy Council
  2. 2 Whether the court had jurisdiction to determine if a genuine devolution issue arose
  3. 3 Whether interim liberation should be granted to the appellants

Ratio Decidendi

The minute raised by the appellants did not constitute a devolution issue as defined by the Scotland Act 1998, and the court has jurisdiction to determine this. The motion to refer the matter to the Privy Council was refused. Interim liberation was also refused due to the seriousness of the convictions and risk to the interests of justice.

Court Disposition

motion refused

Orders

  • Refusal to refer devolution issue to Privy Council
  • Refusal to grant interim liberation