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Facts. Hughes v Lord Advocate [1963] AC 837. Copyright © 2019 Child Rights International Network. BH and Another v The Lord Advocate and Another: SC 20 Jun 2012. The leading judgment was given by the Lord President. OUTER HOUSE, COURT OF SESSION [2013] CSOH 27. Cadder v Her Majesty’s Advocate [2010] UKSC 43 Facts Cadder was detained by the police on suspicion of serious assault and cautioned in line with Sections 14 and 15 of the Criminal Procedure (Scotland) Act 1995. I like drugs, I like the whole lifestyle, but it just didn’t pay off. Disclaimer – please read This page does not apply outside Great Britain. The lord advocate also serves as Scotland’s public prosecutor. S v HM Advocate: HCJ 1989. The Lord Advocates Office on behalf of the Royal Mail. CRC Provisions: Article 3: Best interests of the child. James Wolffe became an advocate in 1992. Hughes v Lord Advocate, [1963] AC 837. 13th June 2019 13th January 2007 by Allan Tyrer. The appellants wished to resist their extradition to the US to face criminal charges for drugs. endstream
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Lord Advocate: the senior law officer for Scotland. CRIN believes this decision is inconsistent with the CRC. PREROGATIVE POWERS – EXECUTIVE. Lord Hope, Lady Hale, Lord Brown, Lord Mance, Lord Judge, Lord Kerr, Lord Wilson. h�b```f``r``a`��fd@ A�r���na``\}������G�P���D(shm�N��hܔ��.�=�/*l��rf��@��;�����s&�Ϩ ` Y��
Lord Advocate synonyms, Lord Advocate pronunciation, Lord Advocate translation, English dictionary definition of Lord Advocate. The cases involve Article 8 challenges to extradition proceedings brought against the appellants, a married couple sought by the United States authorities on charges relating to the importation into the US of ingredients for the manufacture of methamphetamine. The discussion focused on the consideration which should be given by the decision-maker to the best interests of the children. Provided that the decision-maker did not treat any other consideration as inherently more significant than the best interests of the children, it could conclude that the strength of the other considerations outweighed them. Under Article 3 of the Convention, children's best interests must be a primary consideration in any proceedings that involve them, and extradition proceedings are no exception. PETITION OF N J AND E H v. THE LORD ADVOCATE AND OTHERS FOR JUDICIAL REVIEW. Upon a compromise of doubtful rights, a third party cannot come in and claim the fruits of that compromise by a title paramount. %%EOF
en He was Solicitor General for Scotland from March to October 1947, when he was appointed Lord Advocate. Judgment details. Extradition Treaty, Protocol of Signature and Exchange of Notes between the United States and the United Kingdom of 8 June 1972. Famous quotes containing the words hughes, lord and/or advocate: The public interest in extradition for such a serious crime outweighed Mr. and Mrs. H's right to private life. The case is also influential in negligence in the English law of tort (even though English law does not recognise "allurement" per se). They caused eighty thousand pounds worth of damage and were charged with criminal damage and theft. 0
Lord Advocate. The Lord Advocate chooses new judges, suggests new laws, and decides whether or not a law needs to be changed In reaching this decision, the Court noted that extradition should be granted where it is necessary for the prevention of disorder or crime, and that only in exceptional circumstances would an accused’s right to private life outweigh the legitimate aim of their extradition. [80] It is important to note that ZH was concerned not with extradition but with deportation. MacCormick v Lord Advocate (1953 SC 396) is a case on constitutional law decided in the Court of Session, initially in the Outer House, then appealed to the Inner House. The following are the Lord Advocate’s main functions: h ead of the systems for the investigation and prosecution of crime and investigation of deaths ; p rincipal legal adviser to the Scottish Government Oil fields were destroyed during the second World War by Great Britain. Year. 31 0 obj
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P865/10. http://www.bailii.org/scot/cases/ScotHC/2011/2011HCJAC77.html. Hughes v Lord Advocate. Download Citation | Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court | Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case concerned the destruction of oil fields in Burma by British forces during the Second World War. Found 244 sentences matching phrase "Lord Advocate".Found in 11 ms. In considering that matter, Baroness Hale, with whose reasoning the other Justices expressed agreement, noted that it is the practice of the European Court of Human Rights to refer to specific international texts in order to inform its interpretation of more general Convention provisions, in accordance with Article 31(3)(c) of the Vienna Convention on the Law of Treaties. Biography. Baroness Hale also noted that the spirit, if not the precise language, of the UNCRC had also been translated into our national law in a wide range of contexts, including the law relating to immigration and asylum. Burmah Oil v Lord Advocate (1965) AC 75. A summary of the case relating to the Convention on the Rights of the Child cited in this decision, ZH v. Secretary of State, is available at http://www.crin.org/Law/instrument.asp?InstID=1520. Written and curated by real attorneys at Quimbee. This did not mean that identifying their best interests would lead inexorably to a decision in conformity with those interests. Remoteness of damage in tort law; that the kind of damage must be foreseeable, rather than the specific damage that actually occurred. Hughes v Lord Advocate [1963] AC 837 House of Lords Two boys aged 8 and 10 went exploring an unattended man hole. All rights reserved |, ADDRESS Suite 152, 88 Lower Marsh, London SE1 7AB, United Kingdom, A summary of the case relating to the Convention on the Rights of the Child cited in this decision, ZH v. Secretary of State, is available at, Rights, Remedies and Representation: A global report on access to justice for children, Heard Island and McDonald Islands [Australia], South Georgia and the South Sandwich Islands, British Indian Ocean Territory [United Kingdom], Hong Kong, Special Administrative Region of China, Macao Special Administrative Region of China, Macedonia, the former Yugoslav Republic of, http://www.crin.org/Law/instrument.asp?InstID=1520, European Convention for the Protection of Human Rights and Fundamental Freedoms. Both are appointed by the British monarch on the recommendation of the first… The women's reason for the offence was that they were protecting the lives of innocent people as the submarine was to be used for genocide. Citation. The approach of the Strasbourg court was stated in King v United Kingdom in the following terms: "Mindful of the importance of extradition arrangements between States in the fight against crime (and in particular crime with an international or cross-border dimension), the Court considers that it will only be in exceptional circumstances that an applicant's private or family life in a Contracting State will outweigh the legitimate aim pursued by his or her extradition.". Decided On, 21 April 1964. Appellant. Burma Oil Company v Lord Advocate [1965] AC 75. The man hole had been left by workmen taking a break. %PDF-1.5
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Since there is a strong public interest in the comprehensive application of extradition treaties, and it is inherent in extradition that it is almost certain to involve an interference with family life, it follows that the approach adopted to Article 8 rights in extradition cases must be radically different from that adopted in deportation or expulsion cases. All prosecutions run in his name, and he represents many government departments in Scotland. Hughes v Lord Advocate UKHL 8 is a famous Scottish delict case decided by the House of Lords on causation. Hughes, a young boy. Mr. and Mrs. H opposed the extradition on numerous grounds, including that their family life would be severely disrupted given that they together cared for Mrs. H's six children. Example sentences with "Lord Advocate", translation memory. The boys took a lamp down the hole. The alveus or bed of a public navigable river is inter regalia. OPINION OF LORD BRAILSFORD. The views and activities of the listed organisations do not necessarily reflect the views or activities of CRIN's coordination team. Date: July 29, 2011. Showing page 1. Columbia Global Freedom of Expression seeks to advance understanding of the international and national norms and institutions that best protect the free flow of information and expression in an inter-connected global community with major common challenges to address. ), United Kingdom House of Lords, case facts, key issues, and holdings and reasonings online today. The Lord Advocate also has a number of statutory functions, including in relation to extradition and mutual legal assistance with other jurisdictions. House of Lords. —Tennessee Claflin (1846–1923) “ I’m a junkie. The Court found that, although the children's lives would be disrupted, Mr. and Mrs. H must nonetheless be extradited to face charges in the United States. Extradition. His DDA claim failed on the grounds that the stammer did not have a … Respondent. 1963. Edit. He was told that he was entitled to have a solicitor informed of his detention but he did not […] The Lord Advocate, also known as Her Majesty’s Advocate, is the senior Scottish Law Officer. BH (AP) (Appellant) and another v The Lord Advocate and another (Respondents) (Scotland) Judgment date. Since there was in that context a statutory duty to have regard to the need to safeguard and promote the welfare of children when taking decisions about deportation or removal, it followed that any decision taken without regard to that need would not be "in accordance with the law" for the purpose of Article 8(2). The intention that extradition should operate speedily and simply is reflected in the timetables laid down in the 2003 Act. The owners of the fields sought compensation. Facts. WikiMatrix. endstream
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Hughes v Lord Advocate [1963] UKHL 31 is an important Scottish delict case decided by the House of Lords on causation. He is a member of the government but need not be a Member of Parliament. The Advocate General for Scotland is one of the Law Officers of the Crown, who advise the government on Scots law. As such, the Court should have seriously considered the negative effects that sending a parent or care-giver to face charges abroad would have on his or her children before concluding that extradition would be necessary in the public interest. They come from many sources and are not checked. That case concerned a deportation decision, the practical effect of which was that the children of the person to be deported, who were United Kingdom citizens, would also have to leave the UK. Justices. Extradition is itself the subject of an extensive body of international law. Translation memories are created by human, but computer aligned, which might cause mistakes. But where the Trustees of a public […] Famous quotes containing the words advocate, hughes and/or lord: “ We hope the day will soon come when every girl will be a member of a great Union of Unmarried Women, pledged to refuse an offer of marriage from any man who is not an advocate of their emancipation. Lord Ad|vo|cate, the the most important official in Scotland s legal system. 14 0 obj
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On 5 March the Supreme Court hears KAS or H v The Lord Advocate & Anor, BH v The Lord Advocate & Anor. Edit source History Talk (0) Comments Share. S v The Lord Advocate. It was surrounded by a tent and some paraffin lamps were left to warn road users of the danger. Judges. Submitted by crinadmin on Tue, 11/12/2012 - 16:35, BH, KAS or H v. The Lord Advocate, The Scottish Ministers, Appeal Court of Scotland, High Court of Justiciary, European Convention on Human Rights, Article 8 (Right to private life) Case ID. P783/10. In the Lord Advocate's Reference [2000], three women vandalized a Trident Submarine installation. As part of its analysis, the Court examined a prior case that had considered the CRC when cancelling the deportation of a parent, but found that case not to be directly relevant given the criminal charges pending against Mr. and Mrs. H. Excerpts citing CRC and other relevant human rights instruments: [79] Although many authorities were cited in the course of the present proceedings, the only other case which it is necessary to consider in detail is the decision of the Supreme Court in ZH (Tanzania) v Secretary of State for the Home Department [2011] 2 WLR 148. The important thing, therefore, was to consider those best interests first. 20 Jun 2012. In particular, the Strasbourg court had referred to the United Nations Convention on the Rights of the Child ("UNCRC") in order to inform its interpretation of Article 8 [of the European Convention on Human Rights], for example in the Grand Chamber judgment in Neulinger and Shuruk v Switzerland, 6 July 2010, which concerned international child abduction. Read more about Hughes V Lord Advocate: Facts, Issues. Further, the Strasbourg court would expect national authorities to apply Article 3(1) of the UNCRC, which requires that "in all actions concerning children...the best interests of the child shall be a primary consideration". BH, KAS or H v. The Lord Advocate, The Scottish Ministers. CRIN does not accredit or validate any of the organisations listed in our directory. 9th, 11th, and 12th March. Other articles where Lord advocate is discussed: Scotland: Justice: The lord advocate and the solicitor general for Scotland are the Scottish Executive’s law officers, charged with representing the Scottish government in court cases. add example. References: 1989 SLT 469 Judges: Lord Emslie This case is cited by: Followed – Regina v R HL 23-Oct-1991 Other International Provisions: European Convention on Human Rights, Article 8 (Right to private life) hެ�m��8���|�����/R��l�n_PA�J+>��c9A����3v�J��3c���H�n. Court: Appeal Court of Scotland, High Court of Justiciary. Proceedings were brought in the United States against Mr. and Mrs. H for offences relating to the sale of chemicals used to manufacture methamphetamine, and the United States requested the extradition of Mr. and Mrs. H from Scotland to face the charges. 45 0 obj
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de Von März bis Oktober 1947 war er Solicitor General for Scotland und wurde dann zum Lord Advocate ernannt. It is also influential in the English law of tort. The claimant, Burmah Oil Company, brought proceedings against the UK government (who were represented in the case by the Lord Advocate) seeking compensation for the destruction of oil fields in Burma by British forces in 1942 (during the Second World War). As a married couple that said that the extraditions would interfere with their children’s rights to family life. Since the factors which are generally of overriding importance in extradition cases are not present in deportation or expulsion cases, it follows that decisions on Article 8 rights in cases of the latter kind are of no direct relevance in the context of extradition. Citation Hughes v. Lord (In re Estate of Lord), 93 N.M. 543, 1979-NMSC-092, 602 P.2d 1030, 1979 N.M. LEXIS 1237 (N.M. 1979) Brief Fact Summary. This case summary is provided by the Child Rights International Network for educational and informational purposes only and should not be construed as legal advice. The emphasis in the more recent international instruments, such as the EU Council Framework Decision of 13 June 2002 on the European Arrest Warrant, is upon the obligation of the requested state to surrender the requested person promptly so that the administration of justice can then proceed without delay in the requesting state.
Rape is regarded as an aggravated assault, of which the achievement of sexual intercourse is the worst aggravating feature. Hughes v Lord Advocate. The House of Lords held that destruction was lawful, however, compensation would be awarded. A lawyer with a stammer was turned down for a job. Burmah Oil Co. (Burma Trading) Ltd. v/s Lord Advocate. Be warned. Court. KAS or H (AP) (Appellant) v The Lord Advocate and another (Respondents) (Scotland) [2012] UKSC 24 Appeal from the High Court of Justiciary [2011 HCJAC 77] JUSTICES: Lord Hope (Deputy President), Lady Hale, Lord Brown, Lord Mance, Lord Judge, Lord Kerr, Lord Wilson BACKGROUND TO THE APPEALS The Appellants (Mr and Mrs H) are both British citizens. UKSC 2011/0210. The Lord Advocate for Scotland and H. M. Commissioners of Woods and Forests, Appellants v. Hamilton, Respondent (a)1852. Actions by and against government departments are raised by and against the Lord Advocate. Last updated 13th January 2007. He was First Standing Junior Counsel to the Scottish Ministers from 2002 to 2007; and became a Queen’s Counsel in that year. Lord advocate definition is - the chief law officer of the crown in Scotland who in practice delegates his powers as principal prosecutor in criminal matters to the solicitor general and the four advocates-depute. Burmah Oil Co. v Lord Advocate Burmah Oil Company Ltd. v Lord Advocate, [1965] AC 75, was a court case, raised in Scotland, and decided ultimately in the House of Lords.The case is an important decision in UK constitutional law and had unusual legal repercussions at the time.. Company & Directors' Information:-LORD INDIA PRIVATE LIMITED [Active] CIN = U24295MH1985PTC037482 Company & Directors' Information:-P. S. OIL TRADING PRIVATE LIMITED [Strike Off] CIN = U51101MH2012PTC229237. Neutral citation number [2012] UKSC 24. Get Hughes v. Lord Advocate, [1963] A.C. 837 (H.L. 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