William Walls v Procurator-Fiscal

June 22, 2009 | No Comments

Unsuccessful appeal against a conviction for breach of the peace both racially aggravated and aggravated by religious prejudice by Rangers supporter who had sung “The Famine Song”. The Appeal Court said that it was not possible to consider a devolution issue as to the appellant’s Art 8 and Art 10 rights at this point in the proceedings, but, of his suggestion that “The Famine Song” was political speech on a par with “Flower of Scotland” or “God Save The Queen”, observed, “The Court does not accept that the appellant [when shouting 'Fenian bastards'] was referring to members of the [political] American brotherhood formed in the 1850s.”

This case was decided on appeal to the High Court on 19 June 2009 and is available here.

Rosalind McInnes

Art. 08 Right to Private and Family Life, Art. 10 Freedom of Expression, 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.