This case concerned the destruction of oil fields in Burma by British forces during the Second World War. BH and Another v The Lord Advocate and Another: SC 20 Jun 2012. A lawyer with a stammer was turned down for a job. Other International Provisions: European Convention on Human Rights, Article 8 (Right to private life) 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. Actions by and against government departments are raised by and against the 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. 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. All prosecutions run in his name, and he represents many government departments in Scotland. 0 13th June 2019 13th January 2007 by Allan Tyrer. 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. UKSC 2011/0210. Justices. Burmah Oil v Lord Advocate (1965) AC 75. References: 1989 SLT 469 Judges: Lord Emslie This case is cited by: Followed – Regina v R HL 23-Oct-1991 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. endstream endobj 15 0 obj <> endobj 16 0 obj <> endobj 17 0 obj <>stream Extradition Treaty, Protocol of Signature and Exchange of Notes between the United States and the United Kingdom of 8 June 1972. The important thing, therefore, was to consider those best interests first. This did not mean that identifying their best interests would lead inexorably to a decision in conformity with those interests. S v The Lord Advocate. 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. 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. 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 As a married couple that said that the extraditions would interfere with their children’s rights to family life. Hughes v Lord Advocate. Read more about Hughes V Lord Advocate: Facts, Issues. Decided On, 21 April 1964. I like drugs, I like the whole lifestyle, but it just didn’t pay off. h�b```f``r``a`��fd@ A�r���na``\}������G�P���D(shm�N��hܔ��.�=�/*l��rf��@��;�����s&�Ϩ ` Y�� Facts. The appellants wished to resist their extradition to the US to face criminal charges for drugs. The alveus or bed of a public navigable river is inter regalia. 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. The leading judgment was given by the Lord President. 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". His DDA claim failed on the grounds that the stammer did not have a … CRIN does not accredit or validate any of the organisations listed in our directory. Both are appointed by the British monarch on the recommendation of the first… [80] It is important to note that ZH was concerned not with extradition but with deportation. In the Lord Advocate's Reference [2000], three women vandalized a Trident Submarine installation. 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. Date: July 29, 2011. Oil fields were destroyed during the second World War by Great Britain. Edit. Court: Appeal Court of Scotland, High Court of Justiciary. 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. Written and curated by real attorneys at Quimbee. Be warned. hެ�m��8���|�����/R��l�n_PA�J+>��c9A����3v�J��3c���H�n. Extradition is itself the subject of an extensive body of international law. Facts. They caused eighty thousand pounds worth of damage and were charged with criminal damage and theft. CRIN believes this decision is inconsistent with the CRC. Rape is regarded as an aggravated assault, of which the achievement of sexual intercourse is the worst aggravating feature. Famous quotes containing the words hughes, lord and/or advocate: BH (AP) (Appellant) and another v The Lord Advocate and another (Respondents) (Scotland) Judgment date. Lord Advocate. 14 0 obj <> endobj Extradition. 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 Judges. Get Hughes v. Lord Advocate, [1963] A.C. 837 (H.L. 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. The House of Lords held that destruction was lawful, however, compensation would be awarded. 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 known as Her Majesty’s Advocate, is the senior Scottish Law Officer. Since there was in that context a statutory duty to have regard to the need to safeguard and promote the welfare of children when taking decisions about deportation or removal, it followed that any decision taken without regard to that need would not be "in accordance with the law" for the purpose of Article 8(2). 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. 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. The immigration authorities were therefore obliged to treat the best interests of the children as a primary consideration. Hughes v Lord Advocate UKHL 8 is a famous Scottish delict case decided by the House of Lords on causation. Hughes v Lord Advocate [1963] AC 837 House of Lords Two boys aged 8 and 10 went exploring an unattended man hole. 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. The Lord Advocate for Scotland and H. M. Commissioners of Woods and Forests, Appellants v. Hamilton, Respondent (a)1852. Respondent. P865/10. %%EOF Company & Directors' Information:-LORD INDIA PRIVATE LIMITED [Active] CIN = U24295MH1985PTC037482 Company & Directors' Information:-P. S. OIL TRADING PRIVATE LIMITED [Strike Off] CIN = U51101MH2012PTC229237. Case ID. Lord Hope, Lady Hale, Lord Brown, Lord Mance, Lord Judge, Lord Kerr, Lord Wilson. 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). Court. Judgment details. Disclaimer – please read This page does not apply outside Great Britain. h�bbd```b``Z"@$�.�zD2K�H�T0[L�IE0�&3�d��j��� 2��1KH��y�� h�\���T �30��` � 3 Copyright © 2019 Child Rights International Network. The Lord Advocates Office on behalf of the Royal Mail. The views and activities of the listed organisations do not necessarily reflect the views or activities of CRIN's coordination team. 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. Edit source History Talk (0) Comments Share. The Lord Advocate chooses new judges, suggests new laws, and decides whether or not a law needs to be changed Lord Ad|vo|cate, the the most important official in Scotland s legal system. 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. 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. Example sentences with "Lord Advocate", translation memory. Appellant. It is also influential in the English law of tort. 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. It was surrounded by a tent and some paraffin lamps were left to warn road users of the danger. P783/10. He is a member of the government but need not be a Member of Parliament. Neutral citation number [2012] UKSC 24. Translation memories are created by human, but computer aligned, which might cause mistakes. The man hole had been left by workmen taking a break. 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. 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. Burmah Oil Co. (Burma Trading) Ltd. v/s Lord Advocate. 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. Lord Advocate: the senior law officer for Scotland. 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. 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.. 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. Hughes, a young boy. The intention that extradition should operate speedily and simply is reflected in the timetables laid down in the 2003 Act. On 5 March the Supreme Court hears KAS or H v The Lord Advocate & Anor, BH v The Lord Advocate & Anor. de Von März bis Oktober 1947 war er Solicitor General for Scotland und wurde dann zum Lord Advocate ernannt. But where the Trustees of a public […] Burma Oil Company v Lord Advocate [1965] AC 75. —Tennessee Claflin (1846–1923) “ I’m a junkie. S v HM Advocate: HCJ 1989. The case is also influential in negligence in the English law of tort (even though English law does not recognise "allurement" per se). 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. Upon a compromise of doubtful rights, a third party cannot come in and claim the fruits of that compromise by a title paramount. The boys took a lamp down the hole. Biography. The Advocate General for Scotland is one of the Law Officers of the Crown, who advise the government on Scots law. House of Lords. endstream endobj startxref Hughes v Lord Advocate [1963] UKHL 31 is an important Scottish delict case decided by the House of Lords on causation. 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. Showing page 1. Lord Advocate synonyms, Lord Advocate pronunciation, Lord Advocate translation, English dictionary definition of Lord Advocate. James Wolffe became an advocate in 1992. %PDF-1.5 %���� Hughes v Lord Advocate, [1963] AC 837. PREROGATIVE POWERS – EXECUTIVE. He was told that he was entitled to have a solicitor informed of his detention but he did not […] Hughes v Lord Advocate. add example. They come from many sources and are not checked. 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. 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. The public interest in extradition for such a serious crime outweighed Mr. and Mrs. H's right to private life. OUTER HOUSE, COURT OF SESSION [2013] CSOH 27. 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. The Lord Advocate also has a number of statutory functions, including in relation to extradition and mutual legal assistance with other jurisdictions. 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. The lord advocate also serves as Scotland’s public prosecutor. 9th, 11th, and 12th March. http://www.bailii.org/scot/cases/ScotHC/2011/2011HCJAC77.html. Citation. en He was Solicitor General for Scotland from March to October 1947, when he was appointed Lord Advocate. 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