Headrick, Re Devolution Issue Minute [2005] ScotSC 77 (08 September 2005)

Headrick, Re Devolution Issue Minute [2005] ScotSC 77 (08 September 2005)

No devolution issue arises from the acts of the Minister of Justice or the Lord Advocate in these extradition proceedings because the Minister's acts are obligatory and lawful under primary legislation, and the Lord Advocate acts as a statutory functionary with retained functions, not as a member of the Scottish Executive. Human rights arguments should be determined under section 87 of the Extradition Act 2003, not as devolution issues.

Citation
[2005] ScotSC 77
Parties
Minuter: Robert Headrick; Respondent: Lord Advocate
Jurisdiction
Scotland
Judgment Date
08 September 2005
Procedural Posture
Devolution Issue Minute in Extradition Proceedings / Interlocutory Judgment on Competency of Devolution Issue Prior to Extradition Hearing
Outcome
Minute dismissed; case continued to extradition hearing.
Legal Topics
Devolution Issues, Compatibility With European Convention on Human Rights, Statutory Interpretation of Extradition Act 2003 and Scotland Act 1998, Role of Lord Advocate in Extradition, Judicial Review of Ministerial Acts
Extradition Law Constitutional Law Human Rights Law Devolution Issues Compatibility With European Convention on Human Rights Statutory Interpretation of Extradition Act 2003 and Scotland Act 1998 Role of Lord Advocate in Extradition Judicial Review of Ministerial Acts

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Parties

Robert Headrick

Minuter

Lord Advocate

Respondent

Procedural Posture

Devolution Issue Minute in Extradition Proceedings / Interlocutory Judgment on Competency of Devolution Issue Prior to Extradition Hearing

Legal Issues

  1. 1 Whether acts of the Minister of Justice and Lord Advocate in extradition proceedings are incompatible with Convention rights and thus raise a devolution issue under the Scotland Act 1998
  2. 2 Whether the Lord Advocate's conduct of extradition proceedings is as a member of the Scottish Executive or as a statutory functionary
  3. 3 Whether human rights arguments should be determined as devolution issues or solely under section 87 of the Extradition Act 2003

Ratio Decidendi

No devolution issue arises from the acts of the Minister of Justice or the Lord Advocate in these extradition proceedings because the Minister's acts are obligatory and lawful under primary legislation, and the Lord Advocate acts as a statutory functionary with retained functions, not as a member of the Scottish Executive. Human rights arguments should be determined under section 87 of the Extradition Act 2003, not as devolution issues.

Court Disposition

Minute dismissed; case continued to extradition hearing.

Orders

  • Minute dismissed.
  • Case continued to extradition hearing set for 14 September 2005.