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. 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. 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. 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. en He was Solicitor General for Scotland from March to October 1947, when he was appointed Lord Advocate. Last updated 13th January 2007. 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. PREROGATIVE POWERS – EXECUTIVE. Extradition. Citation. 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. Judgment details. BH (AP) (Appellant) and another v The Lord Advocate and another (Respondents) (Scotland) Judgment date. References: 1989 SLT 469 Judges: Lord Emslie This case is cited by: Followed – Regina v R HL 23-Oct-1991 Be warned. Extradition is itself the subject of an extensive body of international law. 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. 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. Lord Advocate synonyms, Lord Advocate pronunciation, Lord Advocate translation, English dictionary definition of Lord Advocate. ), United Kingdom House of Lords, case facts, key issues, and holdings and reasonings online today. Edit source History Talk (0) Comments Share. Year. Read more about Hughes V Lord Advocate: Facts, Issues. He was told that he was entitled to have a solicitor informed of his detention but he did not […] 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. de Von März bis Oktober 1947 war er Solicitor General for Scotland und wurde dann zum Lord Advocate ernannt. The Lord Advocate also has a number of statutory functions, including in relation to extradition and mutual legal assistance with other jurisdictions. Facts. They caused eighty thousand pounds worth of damage and were charged with criminal damage and theft. 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. 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. Respondent. The discussion focused on the consideration which should be given by the decision-maker to the best interests of the children. 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) 9th, 11th, and 12th March. Other International Provisions: European Convention on Human Rights, Article 8 (Right to private life) Hughes v Lord Advocate. Burmah Oil v Lord Advocate (1965) AC 75. hެ�m��8���|�����/R��l�n_PA�J+>��c9A����3v�J��3c���H�n. 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). The House of Lords held that destruction was lawful, however, compensation would be awarded. http://www.bailii.org/scot/cases/ScotHC/2011/2011HCJAC77.html. 45 0 obj <>stream On 5 March the Supreme Court hears KAS or H v The Lord Advocate & Anor, BH v The Lord Advocate & Anor. Court. The leading judgment was given by the Lord President. The owners of the fields sought compensation. I like drugs, I like the whole lifestyle, but it just didn’t pay off. Neutral citation number [2012] UKSC 24. The case is also influential in negligence in the English law of tort (even though English law does not recognise "allurement" per se). Both are appointed by the British monarch on the recommendation of the first… Hughes v Lord Advocate UKHL 8 is a famous Scottish delict case decided by the House of Lords on causation. Copyright © 2019 Child Rights International Network. The important thing, therefore, was to consider those best interests first. BH, KAS or H v. The Lord Advocate, The Scottish Ministers. 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.". 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. 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. 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. 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. All prosecutions run in his name, and he represents many government departments in Scotland. P865/10. The lord advocate also serves as Scotland’s public prosecutor. Judges. 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. Remoteness of damage in tort law; that the kind of damage must be foreseeable, rather than the specific damage that actually occurred. BH and Another v The Lord Advocate and Another: SC 20 Jun 2012. Court: Appeal Court of Scotland, High Court of Justiciary. The public interest in extradition for such a serious crime outweighed Mr. and Mrs. H's right to private life. Actions by and against government departments are raised by and against the Lord Advocate. 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. (Burma Trading) Ltd. v/s Lord Advocate. Decided On, 21 April 1964. James Wolffe became an advocate in 1992. The Lord Advocates Office on behalf of the Royal Mail. Hughes v Lord Advocate [1963] AC 837. His DDA claim failed on the grounds that the stammer did not have a … The Lord Advocate, also known as Her Majesty’s Advocate, is the senior Scottish Law Officer. He was First Standing Junior Counsel to the Scottish Ministers from 2002 to 2007; and became a Queen’s Counsel in that year. Hughes v Lord Advocate, [1963] AC 837. [80] It is important to note that ZH was concerned not with extradition but with deportation. 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. PETITION OF N J AND E H v. THE LORD ADVOCATE AND OTHERS FOR JUDICIAL REVIEW. This case concerned the destruction of oil fields in Burma by British forces during the Second World War. Facts. WikiMatrix. A lawyer with a stammer was turned down for a job. The boys took a lamp down the hole. 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. As a married couple that said that the extraditions would interfere with their children’s rights to family life. CRIN does not accredit or validate any of the organisations listed in our directory. The immigration authorities were therefore obliged to treat the best interests of the children as a primary consideration. add example. 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 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. It is also influential in the English law of tort. Justices. Burma Oil Company v Lord Advocate [1965] AC 75. 20 Jun 2012. Hughes v Lord Advocate. Upon a compromise of doubtful rights, a third party cannot come in and claim the fruits of that compromise by a title paramount. Lord Advocate: the senior law officer for Scotland. Edit. Rape is regarded as an aggravated assault, of which the achievement of sexual intercourse is the worst aggravating feature. OUTER HOUSE, COURT OF SESSION [2013] CSOH 27. But where the Trustees of a public […] %PDF-1.5 %���� 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. 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. Need not be a member of the children 13th June 2019 13th January 2007 by Allan.. 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