N.D.M.C. v. HER MAJESTY'S ADVOCATE [2014] ScotHC HCJAC_12 (05 February 2014)
No devolution issue was argued or determined; the sheriff was entitled to refuse the petition as it was presented too late; the procedure challenged was superseded by postponement of trial diet; leave to appeal refused.
- Citation
- [2014] ScotHC HCJAC_12
- Parties
- Applicant: NDMC; Respondent: HER MAJESTY'S ADVOCATE
- Jurisdiction
- Scotland
- Judgment Date
- 05 February 2014
- Procedural Posture
- Bill of Advocation (application for Leave to Appeal) / Application for Leave to Appeal to Supreme Court
- Outcome
- Application for leave to appeal refused
- Legal Topics
- Identification Parade, Article 6 ECHR, Devolution Issue, Judicial Discretion
Case Brief
Summary, issues, holding and outcome
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Parties
NDMC
Applicant
HER MAJESTY'S ADVOCATE
Respondent
Procedural Posture
Bill of Advocation (application for Leave to Appeal) / Application for Leave to Appeal to Supreme Court
Legal Issues
- 1 Whether refusal to hold identification parade breached Article 6 ECHR
- 2 Whether a devolution issue was determined
- 3 Whether leave to appeal to Supreme Court should be granted
Ratio Decidendi
No devolution issue was argued or determined; the sheriff was entitled to refuse the petition as it was presented too late; the procedure challenged was superseded by postponement of trial diet; leave to appeal refused.
Court Disposition
Application for leave to appeal refused
Orders
- Leave to appeal to Supreme Court refused
Full Case Text
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