Logan and Another v Procurator Fiscal: HCJ 2 Jul 2008

The appellant challenged sentences for driving whilst disqualified. The defendant questioned the extent of the legislative competence of the Scottish Parliament under judicial scrutiny on grounds other than compliance with Convention rights.


Lord Nimmo Smith


[2008] ScotHC HCJAC – 61, 2009 SCL 83, 2008 SCCR 815, 2008 GWD 35-535, [2008] HCJAC 61, 2008 SLT 1049




Road Traffic Act 1988 103(1)(b)

Cited by:

CitedMartin v Her Majesty’s Advocate SC 3-Mar-2010
The claimant challenged the law extending the power of Sheriffs sitting alone to impose sentences of up to one year.
Held: The defendants’ appeal failed (Lord Rodger and Lord Kerr dissenting). The change was within the power of the Scottish . .
Lists of cited by and citing cases may be incomplete.

Scotland, Criminal Sentencing, Constitutional

Updated: 19 July 2022; Ref: scu.277640