PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence.
Held: The legal adviser was not subject to the same system of appointments as the justices. However the system provided for a right of appeal (section 175) on questions of law, which would cover the role played by the adviser, and also the wider power under section 193 would allow general redress, in circumstances involving a possible miscarriage of justice. The adviser should make known to the parties, the legal advice he had given in private, and opportunity for comment allowed.
Judges:
Bingham of Cornhill, Hoffmann, Hope of Craighead, Hutton, Rodger of Earsferry LL
Citations:
Times 12-Feb-2003, [2003] UKPC 14, Gazette 01-May-2003, [2003] UKPC D1, [2003] UKHRR 1167, [2003] 1 All ER 1106, [2003] 2 WLR 1586, 2003 SCCR 194, 2003 GWD 7-164, [2003] HRLR 17, 2003 SC (PC) 77, [2004] 1 AC 681, 14 BHRC 369, 2003 SLT 308
Links:
Statutes:
Scotland Act 1998 Sch 6 33, Criminal Procedure (Scotland) Act 1995 175 193, European Convention on Human Rights ^.1
Jurisdiction:
Scotland
Citing:
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Cited – Bryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
Cited – Albert And Le Compte v Belgium ECHR 10-Feb-1983
Hudoc Violation of Art. 6-1; Just satisfaction reserved . .
Cited by:
Cited – Watson v General Medical Council Admn 26-Aug-2005
The claimant said that the procedure of the fitness to practice panel was unfair in that representations had been accepted by the panel from an expert witness without him having an opportunity to challenge or comment on that evidence.
Held: . .
Cited – The British Medical Association, Regina (on the Application of) v The General Medical Council and Another Admn 4-May-2016
The BMA sought to challenge the validity of the rules governing the procedure of Fitness to Practice panels. In particular the BMA challenged the new absence of a requirement that the panel’s legal advice and assistance be available to the parties. . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Criminal Practice, Magistrates
Updated: 07 June 2022; Ref: scu.179139