PROCURATOR FICAL (GLASGOW) v. JOHN MORRISON [2001] ScotSC 4 (31st January, 2001)

PROCURATOR FICAL (GLASGOW) v. JOHN MORRISON [2001] ScotSC 4 (31st January, 2001)

There is no statutory time limit for bringing summary proceedings for an offence under section 103(1)(b) of the Road Traffic Act 1988, as section 136 of the Criminal Procedure (Scotland) Act 1995 does not apply. Section 6 of the Road Traffic Offenders Act 1988 provides leeway from previous statutory time limits but does not itself impose a time limit. Therefore, the prosecutor's certificate is not required, and its compatibility with Article 6 ECHR is irrelevant. Even if the certificate were required, its conclusivity and lack of transparency render it incompatible with Article 6, but the legislation cannot be read compatibly, and the challenge fails under the Human Rights Act and...

Citation
[2001] ScotSC 4
Parties
Prosecutor: Procurator Fiscal, Glasgow; Accused: John Morrison
Jurisdiction
Scotland
Procedural Posture
Criminal Summary Complaint / Preliminary Hearing on Devolution Issue
Outcome
challenge by the accused fails
Legal Topics
Time Limits for Prosecution, Compatibility With European Convention on Human Rights, Interpretation of Statutory Time Bars, Devolution Issues, Fair Trial Rights
Criminal Law Constitutional Law Human Rights Law Time Limits for Prosecution Compatibility With European Convention on Human Rights Interpretation of Statutory Time Bars Devolution Issues Fair Trial Rights

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Parties

Procurator Fiscal, Glasgow

Prosecutor

John Morrison

Accused

Procedural Posture

Criminal Summary Complaint / Preliminary Hearing on Devolution Issue

Legal Issues

  1. 1 Whether section 6 of the Road Traffic Offenders Act 1988 imposes a time limit for prosecution of driving whilst disqualified under section 103(1)(b) of the Road Traffic Act 1988
  2. 2 Whether the use of a prosecutor's certificate under section 6 is compatible with Article 6 of the European Convention on Human Rights (right to a fair trial)
  3. 3 Whether the accused is entitled to an explanatory statement accompanying the certificate

Ratio Decidendi

There is no statutory time limit for bringing summary proceedings for an offence under section 103(1)(b) of the Road Traffic Act 1988, as section 136 of the Criminal Procedure (Scotland) Act 1995 does not apply. Section 6 of the Road Traffic Offenders Act 1988 provides leeway from previous statutory time limits but does not itself impose a time limit. Therefore, the prosecutor's certificate is not required, and its compatibility with Article 6 ECHR is irrelevant. Even if the certificate were required, its conclusivity and lack of transparency render it incompatible with Article 6, but the legislation cannot be read compatibly, and the challenge fails under the Human Rights Act and...

Court Disposition

challenge by the accused fails