Millar v Dickson

January 29, 2009 | No Comments

The Privy Council ruled that the consequence of the decision of the High Court of Justiciary in Starrs v. Ruxton – which the then Lord Advocate Lord Hardie of Blackford declined to appeal – was that all criminal proceedings before temporary sheriffs from 20 May 1999 [2] were in principle unsustainable because afflicted by fundamental nullity.

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[1] Millar v. Dickson, 2002 SC (PC) 30

[2] The validity of prosecutions before temporary sheriffs prior to the coming into force of the Scotland Act has been upheld however.  See Dickson (Kenneth Robert) v HM Advocate 2008 SLT 12

Art. 06 Right to a Fair Trial, Criminal Law and Criminal Procedure

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.