Section 57(2) provides that a member of the Scottish Executive has no power to do any act so far as it is incompatible with any of the Convention rights. It is not open to the court if this subsection is breached to assess what the consequences of any particular violation of an individual’s Convention rights should be. Parliament has decided that members of the Scottish Executive, including the Lord Advocate, should have no power to do acts that are incompatible with any of the Convention rights.
Judges:
Lord Rodger of Earlsferry
Citations:
[2002] UKPC 56
Links:
Statutes:
Jurisdiction:
Scotland
Citing:
Appeal from – R v Her Majesty’s Advocate and Another HCJ 31-May-2002
. .
Cited by:
Cited – Sinclair v Her Majesty’s Advocate PC 11-May-2005
(Devolution) The defendant complained that the prosecutor had failed to disclose all the witness statements taken, which hid inconsistencies in their versions of events.
Held: The appeal was allowed. It was fundamental to a fair trial that the . .
Lists of cited by and citing cases may be incomplete.
Crime, Human Rights
Updated: 07 June 2022; Ref: scu.178864