Court. 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. It is also influential in the English law of tort. Neutral citation number [2012] UKSC 24. Hughes v Lord Advocate [1963] AC 837. 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.. ), United Kingdom House of Lords, case facts, key issues, and holdings and reasonings online today. 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. 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 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. Remoteness of damage in tort law; that the kind of damage must be foreseeable, rather than the specific damage that actually occurred. The public interest in extradition for such a serious crime outweighed Mr. and Mrs. H's right to private life. 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. Justices. CRC Provisions: Article 3: Best interests of the child. P865/10. 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. The alveus or bed of a public navigable river is inter regalia. en He was Solicitor General for Scotland from March to October 1947, when he was appointed Lord Advocate. Judges. 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. The House of Lords held that destruction was lawful, however, compensation would be awarded. Rape is regarded as an aggravated assault, of which the achievement of sexual intercourse is the worst aggravating feature. Biography. h�b```f``r``a`��fd@ A�r���na``\}������G�P���D(shm�N��hܔ��.�=�/*l��rf��@��;�����s&�Ϩ ` Y�� Citation. Lord Ad|vo|cate, the the most important official in Scotland s legal system. The Lord Advocate, also known as Her Majesty’s Advocate, is the senior Scottish Law Officer. CRIN believes this decision is inconsistent with the CRC. 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. Hughes v Lord Advocate. 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. Lord Advocate: the senior law officer for Scotland. 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. Year. Hughes v Lord Advocate, [1963] AC 837. %PDF-1.5 %���� 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. Court: Appeal Court of Scotland, High Court of Justiciary. Respondent. Appellant. Translation memories are created by human, but computer aligned, which might cause mistakes. endstream endobj 15 0 obj <> endobj 16 0 obj <> endobj 17 0 obj <>stream Famous quotes containing the words hughes, lord and/or advocate: Burmah Oil v Lord Advocate (1965) AC 75. OPINION OF LORD BRAILSFORD. Extradition. Facts. 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. 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.". The lord advocate also serves as Scotland’s public prosecutor. BH, KAS or H v. The Lord Advocate, The Scottish Ministers. Found 244 sentences matching phrase "Lord Advocate".Found in 11 ms. PETITION OF N J AND E H v. THE LORD ADVOCATE AND OTHERS FOR JUDICIAL REVIEW. Decided On, 21 April 1964. 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. 31 0 obj <>/Filter/FlateDecode/ID[<01380F9CE96CE14C90729738D61C06D8>]/Index[14 32]/Info 13 0 R/Length 92/Prev 113493/Root 15 0 R/Size 46/Type/XRef/W[1 3 1]>>stream But where the Trustees of a public […] Lord Advocate synonyms, Lord Advocate pronunciation, Lord Advocate translation, English dictionary definition of Lord Advocate. The owners of the fields sought compensation. Hughes v Lord Advocate. Showing page 1. 9th, 11th, and 12th March. 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. 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. 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. He is a member of the government but need not be a Member of Parliament. S v The Lord Advocate. The Lord Advocate chooses new judges, suggests new laws, and decides whether or not a law needs to be changed 13th June 2019 13th January 2007 by Allan Tyrer. The boys took a lamp down the hole. The Lord Advocate for Scotland and H. M. Commissioners of Woods and Forests, Appellants v. Hamilton, Respondent (a)1852. endstream endobj startxref 45 0 obj <>stream They come from many sources and are not checked. The Lord Advocates Office on behalf of the Royal Mail. A lawyer with a stammer was turned down for a job. Example sentences with "Lord Advocate", translation memory. BH and Another v The Lord Advocate and Another: SC 20 Jun 2012. 20 Jun 2012. On 5 March the Supreme Court hears KAS or H v The Lord Advocate & Anor, BH v The Lord Advocate & Anor. [80] It is important to note that ZH was concerned not with extradition but with deportation. The intention that extradition should operate speedily and simply is reflected in the timetables laid down in the 2003 Act. 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. 14 0 obj <> endobj The important thing, therefore, was to consider those best interests first. Extradition is itself the subject of an extensive body of international law. The leading judgment was given by the Lord President. 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. BH (AP) (Appellant) and another v The Lord Advocate and another (Respondents) (Scotland) Judgment date. Extradition Treaty, Protocol of Signature and Exchange of Notes between the United States and the United Kingdom of 8 June 1972. CRIN does not accredit or validate any of the organisations listed in our directory. PREROGATIVE POWERS – EXECUTIVE. Read more about Hughes V Lord Advocate: Facts, Issues. Judgment details. In the Lord Advocate's Reference [2000], three women vandalized a Trident Submarine installation. The immigration authorities were therefore obliged to treat the best interests of the children as a primary consideration. Hughes v Lord Advocate [1963] UKHL 31 is an important Scottish delict case decided by the House of Lords on causation. Last updated 13th January 2007. %%EOF in the Petitions of (1) NJ and ... Reference was made to the decisions in K and T v Finland (2003) 36 EHRR 18 and Haase v Germany [2004] 2 FLR 39. This did not mean that identifying their best interests would lead inexorably to a decision in conformity with those interests. The man hole had been left by workmen taking a break. 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. Actions by and against government departments are raised by and against the Lord Advocate. de Von März bis Oktober 1947 war er Solicitor General for Scotland und wurde dann zum Lord Advocate ernannt. S v HM Advocate: HCJ 1989. UKSC 2011/0210. 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. 0 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. The Advocate General for Scotland is one of the Law Officers of the Crown, who advise the government on Scots law. 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. Edit. He was First Standing Junior Counsel to the Scottish Ministers from 2002 to 2007; and became a Queen’s Counsel in that year. They caused eighty thousand pounds worth of damage and were charged with criminal damage and theft. Facts. 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. Get Hughes v. Lord Advocate, [1963] A.C. 837 (H.L. Written and curated by real attorneys at Quimbee. Burmah Oil Co. (Burma Trading) Ltd. v/s Lord Advocate. 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. add example. Upon a compromise of doubtful rights, a third party cannot come in and claim the fruits of that compromise by a title paramount. Lord Hope, Lady Hale, Lord Brown, Lord Mance, Lord Judge, Lord Kerr, Lord Wilson. 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. 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". Date: July 29, 2011. P783/10. http://www.bailii.org/scot/cases/ScotHC/2011/2011HCJAC77.html. 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). James Wolffe became an advocate in 1992. This case concerned the destruction of oil fields in Burma by British forces during the Second World War. Other International Provisions: European Convention on Human Rights, Article 8 (Right to private life) —Tennessee Claflin (1846–1923) “ I’m a junkie. 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. As a married couple that said that the extraditions would interfere with their children’s rights to family life. He was told that he was entitled to have a solicitor informed of his detention but he did not […] OUTER HOUSE, COURT OF SESSION [2013] CSOH 27. I like drugs, I like the whole lifestyle, but it just didn’t pay off. House of Lords. Lord Advocate. Hughes, a young boy. Copyright © 2019 Child Rights International Network. The case is also influential in negligence in the English law of tort (even though English law does not recognise "allurement" per se). hެ�m��8���|�����/R��l�n_PA�J+>��c9A����3v�J��3c���H�n. Disclaimer – please read This page does not apply outside Great Britain. Hughes v Lord Advocate UKHL 8 is a famous Scottish delict case decided by the House of Lords on causation. Company & Directors' Information:-LORD INDIA PRIVATE LIMITED [Active] CIN = U24295MH1985PTC037482 Company & Directors' Information:-P. S. OIL TRADING PRIVATE LIMITED [Strike Off] CIN = U51101MH2012PTC229237. 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. h�bbd```b``Z"@$�.�zD2K�H�T0[L�IE0�&3�d��j��� 2��1KH��y�� h�\���T �30��` � 3 References: 1989 SLT 469 Judges: Lord Emslie This case is cited by: Followed – Regina v R HL 23-Oct-1991 The discussion focused on the consideration which should be given by the decision-maker to the best interests of the children. Hughes v Lord Advocate [1963] AC 837 House of Lords Two boys aged 8 and 10 went exploring an unattended man hole. Be warned. The views and activities of the listed organisations do not necessarily reflect the views or activities of CRIN's coordination team. WikiMatrix. 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. 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. Both are appointed by the British monarch on the recommendation of the first… 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. Burma Oil Company v Lord Advocate [1965] AC 75. The appellants wished to resist their extradition to the US to face criminal charges for drugs. 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. His DDA claim failed on the grounds that the stammer did not have a … Edit source History Talk (0) Comments Share. All prosecutions run in his name, and he represents many government departments in Scotland. 1963. Oil fields were destroyed during the second World War by Great Britain. The Lord Advocate also has a number of statutory functions, including in relation to extradition and mutual legal assistance with other jurisdictions. It was surrounded by a tent and some paraffin lamps were left to warn road users of the danger. 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