Alan Raymond Myles v Barry Heywood: ScSf 10 Sep 2001

The pursuer craved from the Sheriff an interim interdict against the Procurator Fiscal from proceeding with a criminal charge.
Held: the Sheriff sitting in a civil court has no power to restrain criminal proceedings by the Procurator Fiscal, even though the pursuer sought to enforce his Convention rights. The general rule, under the 1947 Act, is that interdict against the Crown cannot be granted.
[2001] ScotSC 16
Bailii
European Convention on Human Rights Article 8, Crown Proceedings Act 1947 21(1) 42 43
Scotland

Updated: 12 September 2021; Ref: scu.166524