McFadyen v Gatley

May 8, 2009 | No Comments

 

Expenses (costs) awards in criminal case

The defender sought expenses against the Crown following the abandonment of an extradition petition on the withdrawal of the request for the defender’s extradition by the Swiss authorities. In refusing the expense motion the sheriff held that it would be an extremely large step to find that expenses in summary criminal proceedings were to be at the discretion of the court, and the court was not aware that any such motion had ever been made. The existing practice in Scotland remained, which was that no expenses should be awarded either to or against a prosecutor acting in the public interest.

Art. 06 Right to a Fair Trial, Extradition Law

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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.