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 …
Art. 06 Right to a Fair Trial, Extradition LawThe complainer was suspected of supplying quantities of Gamma-Butrylactone (GBL), a substance used in the manufacture of the controlled drug Gamma-Hydroxybutyrate (GHB), to a number of recipients in the United States. Following investigation by authorities in the United States, the US Department of Justice made a request for assistance in connection with this investigation. Pursuant to this request, the procurator …
Criminal Law and Criminal Procedure, Extradition Law, Protocol 1, Art. 1 Right to Private Property
The Lord Ordinary accepted that considerations derived from Article 5 might require a domestic court to investigate the legality or propriety of procedures such as extradition from a foreign country under which an individual had been brought before the court from residence outside the jurisdiction of the court.
A citizen of Sierra Leone petitioned for judicial review of a decision refusing her leave to appeal against the dismissal by an adjudicator, of her appeal against the Home Secretary’s decision to refuse her application for asylum. The petitioner claimed that she had a well founded fear of persecution in Sierra Leone and that the removal of herself and her …
An Iranian national claimed asylum in the United Kingdom with her daughter after having been accused of adultery following her divorce. The penalty for adultery under Iranian shari’a law was death by stoning. She argued that her enforced return to Iran would contravene her rights under Article 6 to a fair trial as she would be tried in camera …
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.
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