Logan & Anor v. Procurator Fiscal [2008] ScotHC HCJAC_61 (02 July 2008)

Logan & Anor v. Procurator Fiscal [2008] ScotHC HCJAC_61 (02 July 2008)

Section 45 of the 2007 Act is within the legislative competence of the Scottish Parliament as its purpose is to increase the sentencing powers of the sheriff court generally and to apply Scots criminal law consistently to both common law and statutory offences; modifications to reserved matters are incidental and necessary to achieve this purpose.

Citation
[2008] ScotHC HCJAC_61
Parties
Complainer: Robert Logan; Complainer: James William Beattie; Respondent: Procurator Fiscal, Hamilton; Respondent: Procurator Fiscal, Jedburgh; Intervener: Advocate General
Jurisdiction
Scotland
Judgment Date
02 July 2008
Procedural Posture
Bills of Suspension / Appeal
Outcome
bills of suspension refused
Legal Topics
Sentencing Powers, Reserved Matters, Legislative Competence, Road Traffic Offences
Criminal Law Constitutional Law Sentencing Powers Reserved Matters Legislative Competence Road Traffic Offences

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Parties

Robert Logan

Complainer

James William Beattie

Complainer

Procurator Fiscal, Hamilton

Respondent

Procurator Fiscal, Jedburgh

Respondent

Advocate General

Intervener

Procedural Posture

Bills of Suspension / Appeal

Legal Issues

  1. 1 Whether section 45 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 validly increased the maximum summary sentence for contravening section 103(1)(b) of the Road Traffic Act 1988 given the reserved status of road transport under the Scotland Act 1998

Ratio Decidendi

Section 45 of the 2007 Act is within the legislative competence of the Scottish Parliament as its purpose is to increase the sentencing powers of the sheriff court generally and to apply Scots criminal law consistently to both common law and statutory offences; modifications to reserved matters are incidental and necessary to achieve this purpose.

Court Disposition

bills of suspension refused

Orders

  • Both bills of suspension are refused.