Scottish Human Rights Law Group

Almost as soon as its new devolution jurisdiction was conferred on the Privy Council the judges in Scotland, in their enthusiasm to establish Convention right review, gave a very broad definition to “devolution issues” so as to encompass anything done by the prosecution in the course of any (summary or solemn) criminal trial in Scotland. [1] The Scottish judges also …

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

TEST

Agricultural & Fisheries Law, Art. 02 Right to Life, Art. 03 Prohibition of Torture, Art. 04 Freedom from Slavery, Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 07 No Punishment without Law, Art. 08 Right to Private and Family Life, Art. 09 Freedom of Thought, Conscience and Religion, Art. 10 Freedom of Expression, Art. 11 Freedom of Assembly and Association, Art. 12 Right to Marry and Found a Family, Art. 13 Effective Remedy, Art. 14 Prohibition of Discrimination, Art. 17 Abuse of Rights, Art. 34 Victim Status, Art. 41 Just Satisfaction, Asylum & Immigration Law, Child & Family Law, Civil Procedure, Commercial and Corporate Law, Competition Law, Consumer Law, Criminal Law and Criminal Procedure, Data Protection and Freedom of Information, Discrimination Law, EU Law, Ecclesiastical Law and Freedom of Religion, Education Law, Employment and Industrial Relations Law, Environmental and Planning Law, Events, Health and Safety Law, Housing and Homelessness Law, Inheritance and Trusts Law, Insolvency and Personal Bankruptcy, Insurance Law, Intellectual Property Law, International Law, Licensing Law, Media Law, Medical Law, Mental Health, Misc., News, Pensions Law, Police Law, Prisons Law, Property Law, Protocol 1, Art. 1 Right to Private Property, Protocol 1, Art. 2 Right to Education, Protocol 1, Art. 3 Right to Free and Fair Elections, Public Procurement, Regulatory and Disciplinary Law, Social Security Law, Sports Law, Taxation

For Article 6(1) to be engaged there first requires to be a “determination” whether of an individual’s “civil rights and obligations” or of “any criminal charge against him.”   

Art. 06 Right to a Fair Trial, Child & Family Law, Civil Procedure

It was objected that proceedings before an honorary sheriff who had legal qualifications involving the grant of bail and the continuation of hearing to future date contravened the petitioner’s right to a hearing before an independent and impartial tribunal.    The court found that the proceedings did not involve any determination of a criminal charge and so rejected the challenge without …

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

A differently constituted High Court of Justiciary than in Starrs v Ruxton 2000 JC 208, chaired by the Lord Justice General, Lord Rodger of Earlsferry sitting with Lord Sutherland and Lord Weir rejected the contention made in Starrs, that the Section 11(2)(c) permitted the Secretary of State to make a temporary shrieval appointment only for the particular purposes of dealing …

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