N.D.M.C. v. HER MAJESTY'S ADVOCATE [2014] ScotHJ HJCAC_12 (29 January 2013)

N.D.M.C. v. HER MAJESTY'S ADVOCATE [2014] ScotHJ HJCAC_12 (29 January 2013)

No devolution issue was argued or determined; the sheriff was entitled to refuse the petition for an identification parade as it was presented too late; the procedure was superseded by postponement of the trial diet.

Citation
[2014] ScotHJ HJCAC_12
Parties
Applicant: NDMC; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
29 January 2013
Procedural Posture
Bill of Advocation / Application for Leave to Appeal to the Supreme Court
Outcome
Application for leave to appeal refused
Legal Topics
Identification Parade, Article 6 ECHR, Devolution Issue, Judicial Discretion
Criminal Law Human Rights Law Identification Parade Article 6 ECHR Devolution Issue Judicial Discretion

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Parties

NDMC

Applicant

Her Majesty's Advocate

Respondent

Procedural Posture

Bill of Advocation / Application for Leave to Appeal to the Supreme Court

Legal Issues

  1. 1 Whether refusal to hold an identification parade breached Article 6 ECHR
  2. 2 Whether the sheriff's refusal was a valid exercise of discretion
  3. 3 Whether a devolution issue was properly raised

Ratio Decidendi

No devolution issue was argued or determined; the sheriff was entitled to refuse the petition for an identification parade as it was presented too late; the procedure was superseded by postponement of the trial diet.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal to the United Kingdom Supreme Court is refused