Steven Allison v. Her Majesty's Advocate [2009] HCJAC 23

Devolution Issue - Leave to Appeal to the Privy Council:- On 9 September 2004 at the High Court at Glasgow the appellant was convicted of four contraventions of section 4(3)(b) of the Misuse of Drugs Act 1971 following trial. The appellant subsequently appealed by way of Note of Appeal under section 109(1) of the Criminal Procedure (Scotland) Act 1995. On 7 November 2008 the appellant's appeal against conviction was refused. By a letter to the Justiciary Office, dated 19 December 2008, solicitors acting for the appellant requested a hearing for leave to appeal to the Privy Council in relation to the refusal of the appeal against this conviction. No minute of notice of intention to raise a devolution issue, within the meaning of paragraph 1 of Schedule 6 to the Scotland Act 1998, had been lodged and served on the Lord Advocate and the Advocate General in terms of rule 40.2 of the Act of Adjournal. Here the court considered whether the appellant's application was competent in light of the failure to give intimation to the Advocate General.