Martin (Appellant) v Her Majesty's Advocate (Respondent) (Scotland) UKSC 2009/0127
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Posted by: Stephen Moore 04/03/2010 17:05
On 17 December 2007 and 14 May 2008, respectively, in summary proceedings Sean Martin and Ross Miller were each sentenced by Sheriffs to periods in excess of six months imprisonment for driving while disqualified contrary to s.103(1)(b) of the RTA. They both sought to challenge their sentences on the basis that amending the relevant provisions of the 2007 Act were outside the legislative competence of the Scottish Parliament.

The High Court of Justiciary (“the HCJ”) dismissed the appeals, holding that the increase in the sentencing power of Sheriffs sitting summarily by s.45 of the 2007 Act was within the Scottish Parliament’s legislative competence. The HCJ gave the Appellants permission to appeal to the Supreme Court.
Court: UK Supreme Court (UK)
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