Allison v. Her Majesty's Advocate [2009] ScotHC HCJAC_23 (06 March 2009)

Allison v. Her Majesty's Advocate [2009] ScotHC HCJAC_23 (06 March 2009)

The application for leave to appeal is incompetent because the appellant failed to comply with the mandatory statutory requirements for intimating and formulating a devolution issue, thereby depriving the Advocate General of the opportunity to participate and disabling the court from making any determination on a devolution issue.

Citation
[2009] ScotHC HCJAC_23
Parties
Appellant: Steven Edward Naismith Allison; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
06 March 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal to the Privy Council
Outcome
application refused as incompetent
Legal Topics
Devolution Issues, Appeal Procedure, Notice Requirements, Misuse of Drugs Act 1971
Criminal Law Constitutional Law Devolution Issues Appeal Procedure Notice Requirements Misuse of Drugs Act 1971

Case Brief

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Parties

Steven Edward Naismith Allison

Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal to the Privy Council

Legal Issues

  1. 1 Whether the appellant's application for leave to appeal to the Privy Council is competent in the absence of proper intimation and formulation of a devolution issue as required by statute.

Ratio Decidendi

The application for leave to appeal is incompetent because the appellant failed to comply with the mandatory statutory requirements for intimating and formulating a devolution issue, thereby depriving the Advocate General of the opportunity to participate and disabling the court from making any determination on a devolution issue.

Court Disposition

application refused as incompetent

Orders

  • Application for leave to appeal to the Privy Council refused.