Fraser v. Her Majesty's Advocate [2009] ScotHC HCJAC_27 (24 March 2009)

Fraser v. Her Majesty's Advocate [2009] ScotHC HCJAC_27 (24 March 2009)

Leave to appeal to the Judicial Committee of the Privy Council was refused as incompetent because the issues sought to be raised had already been fully canvassed and determined in the appeal under section 106 of the Criminal Procedure (Scotland) Act 1995, and Parliament did not intend to create a further right of appeal to the Privy Council on the merits of such decisions.

Citation
[2009] ScotHC HCJAC_27
Parties
Appellant: Nat Gordon Fraser; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
24 March 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal to the Judicial Committee of the Privy Council
Outcome
application for leave to appeal refused as incompetent
Legal Topics
Devolution Issues, Disclosure Obligations, Fair Trial Rights, Appeal Procedure
Criminal Law Constitutional Law Human Rights Law Devolution Issues Disclosure Obligations Fair Trial Rights Appeal Procedure

Case Brief

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Parties

Nat Gordon Fraser

Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal to the Judicial Committee of the Privy Council

Legal Issues

  1. 1 Whether refusal to receive a devolution issue minute is a determination of a devolution issue for the purposes of appeal to the Privy Council
  2. 2 Whether the Crown's alleged failure to disclose material evidence breached the appellant's right to a fair trial under Article 6 ECHR
  3. 3 Whether leave to appeal to the Privy Council is competent in these circumstances

Ratio Decidendi

Leave to appeal to the Judicial Committee of the Privy Council was refused as incompetent because the issues sought to be raised had already been fully canvassed and determined in the appeal under section 106 of the Criminal Procedure (Scotland) Act 1995, and Parliament did not intend to create a further right of appeal to the Privy Council on the merits of such decisions.

Court Disposition

application for leave to appeal refused as incompetent

Orders

  • Leave to appeal to the Judicial Committee of the Privy Council refused.