Description
Application for leave to appeal to the Judicial Committee of the Privy Council:- On 29 January 2003 the appellant was convicted after trial on charges of inter alia murder and sentenced to life imprisonment with a punishment part of 25 years. The appellant appealed against conviction on a number of grounds. On 13 November 2007 at a hearing of the appeal senior counsel for the appellant moved the court to allow the late reception of inter alia a devolution issue minute. The Crown opposed the late reception of the devolution minute and the court decided that the devolution issue minute should not be received, upon the ground that it came too late, that no cause had been shown as to why it should be received at that stage in terms of Rule 40.5 of the Act of Adjournal (Criminal Procedure Rules) 1996 and matters sought to be raised in it were adequately covered by the existing grounds of appeal. On 6 May 2008 the court refused the appellant's appeal against conviction. On 25 August 2008 the appellant's solicitor wrote to the Clerk of Justiciary intimating an application for leave to appeal to the Judicial Committee of the Privy Council. At a hearing on the application it was submitted on behalf of the appellant that a decision by two or more judges of the High Court of Justiciary not to hear and determine a devolution issue that has been brought before it could be treated as a determination of the issue for the purposes of paragraph 13 of Schedule 6 to the Scotland Act 1998 and here sought to appeal against the court's refusal to receive the devolution minute on 13 November 2007. Here the court considered the competency of the appellant seeking to review the decision of 13 November 2007 in light of the determination of the appellant's appeal against conviction under section 106 of the Criminal Procedure (Scotland) Act 1995.
0141 553 4890
