DB, Re Application for Judicial Review [2007] ScotCS CSOH_73 (04 April 2007)

DB, Re Application for Judicial Review [2007] ScotCS CSOH_73 (04 April 2007)

The revocation of the petitioner's licence by the Scottish Ministers was not incompatible with Article 3 of the First Protocol to the European Convention on Human Rights. The incompatibility arises from section 3(1) of the Representation of the People Act 1983, which is a reserved matter and not within the powers or responsibility of the Scottish Ministers. Therefore, the revocation was lawful and within their powers under section 17 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

Citation
[2007] ScotCS CSOH_73
Parties
Petitioner: D. B.; Respondents: Scottish Ministers; Intervener: Advocate General for Scotland
Jurisdiction
Scotland
Judgment Date
04 April 2007
Procedural Posture
Judicial Review / First Hearing, Final Judgment
Outcome
petition refused
Legal Topics
Prisoner Voting Rights, Compatibility of Executive Acts With Convention Rights, Revocation of Licence, Scotland Act Powers
Public Law Human Rights Criminal Law Prisoner Voting Rights Compatibility of Executive Acts With Convention Rights Revocation of Licence Scotland Act Powers

Case Brief

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Parties

D. B.

Petitioner

Scottish Ministers

Respondents

Advocate General for Scotland

Intervener

Procedural Posture

Judicial Review / First Hearing, Final Judgment

Legal Issues

  1. 1 Whether the revocation of the petitioner's licence by the Scottish Ministers was incompatible with Article 3 of the First Protocol to the European Convention on Human Rights, given the resulting disenfranchisement under section 3(1) of the Representation of the People Act 1983
  2. 2 Whether section 57(2) of the Scotland Act 1998 renders the revocation unlawful if it is incompatible with a Convention right

Ratio Decidendi

The revocation of the petitioner's licence by the Scottish Ministers was not incompatible with Article 3 of the First Protocol to the European Convention on Human Rights. The incompatibility arises from section 3(1) of the Representation of the People Act 1983, which is a reserved matter and not within the powers or responsibility of the Scottish Ministers. Therefore, the revocation was lawful and within their powers under section 17 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

Court Disposition

petition refused

Orders

  • The revocation of the petitioner's licence is upheld as lawful.
  • No order for liberation or reduction of the revocation.