Case details
Decided Cases will be published after Judgments are handed down.
For Judgments handed down before 31 July 2009 please refer to the House of Lords website.
| General | |
|---|---|
| CaseID | UKSC 2009/0127 |
| Case name | Martin (Appellant) v Her Majesty's Advocate (Respondent) (Scotland) |
| Case stage | Awaiting Judgment |
| Date of issue | 27 Feb 2009 |
| Expedition requested | Not Applied For |
| Order being appealed - Date | 24 Feb 2009 |
| Order being appealed - Court | Other |
| Devolution | Yes |
| Human Rights raised | No |
| Human Rights raised - details | |
| Intervener | Yes |
| Case Summary |
|---|
|
On appeal from the High Court of Justiciary (Scotland)IssuesWhether s.45 of the Criminal Proceedings etc (Reform)(Scotland) Act 2007 ("the 2007 Act") (increasing the sentencing power of Sheriffs in respect of offences promulgated by, inter alia, Road Traffic legislation) is within the competence or vires of the Scottish Parliament.FactsThe Appellant was convicted of various road traffic offences. He was sentenced to a period of imprisonment in excess of the maximum term (six months) which could have been imposed prior to the entry into force of the 2007 Act.
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| Permission to appeal | |
|---|---|
| Date supporting documents received | |
| Date PTA application referred to justices | |
| Date of oral hearing | |
| Permission granted/refused | |
| Notice of intention to proceed filed | No |
| Parties | |
|---|---|
| Appellant name | Sean Martin |
| Appellant case due date | 30 Oct 2009 |
| Appellant case date filed | 05 Nov 2009 |
| Respondent name | The Lord Advocate |
| Date form 3 filed | 19 Mar 2009 |
| Date form 3 issued | |
| Respondent case due date | |
| Respondent case date filed | 18 Nov 2009 |
| Respondent name | The Advocate General |
| Date form 3 filed | 17 Mar 2009 |
| Date form 3 issued | |
| Respondent case due date | |
| Respondent case date filed | |
| Intervener - names | The Advocate General |
| Appeal | |
|---|---|
| Justices allocated | Yes |
| Justices allocated - names | Lord Hope of Craighead Lord Rodger of Earlsferry Lord Walker of Gestingthorpe Lord Brown of Eaton-Under-Heywood Lord Kerr of Tonaghmore |
| PTA granted by court below | No |
| Statement of facts & issues and Appendix due date | |
| Statement of facts & issues and Appendix date filed | |
| Time estimate | |
| Time estimate received | |
| Time estimate number of days | 3 days |
| Hearing date | 08 Dec 2009 |
| Other hearing location | |
| Core volumes due date | |
| Core volumes date filed | |
| Authorities due date | |
| Authorities date filed | |
| Hand down date | |