Source: All England Reporter
Publisher Citation: [2001] All ER (D) 357 (Jul)
Court: Privy Council
Judge:

Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hope of Craighead and Lord Scott of Foscote
Judgment Dates: 24 July 2001

Catchwords

Natural justice - Criminal proceedings - Temporary sheriffs - High Court of Justiciary holding that temporary sheriffs were not an independent and impartial tribunal - Whether proceedings heard by temporary sheriffs in breach of right to fair trial - .

The Case

Temporary sheriffs, viewed objectively, lacked the quality of independence and impartiality to which all accused persons were entitled under art 6(1) of the European Convention on Human Rights. That lack of independence and impartiality, however slight, was sufficient to disqualify temporary sheriffs from taking part in the determination of criminal charges at the instance of prosecutors acting under the authority of the Lord Advocate.

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