News / General

First major human rights ruling by appeals court

By SLAS Spokesperson

This case involves a challenge of a decision by a Temporary Sheriff on the grounds that a trial before such a person constitutes a breach of Article 6 of the European Convention for the Protection of Human Rights an Fundamental Freedoms (the Convention) which guarantees to everyone the right to a fair and public hearing within a reasonable time before an independent and impartial tribunal established by law. There is no suggestion that the particular temporary sheriff was biased, but that temporary judges of this nature are not, by their very nature, independent because they have no security of tenure and can be appointed or dismissed at the pleasure of the Lord Advocate.

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