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Official Report Meeting date: 19 April 2006

Justice 1 Committee, 19 Apr 2006

The law is not 100 per cent clear on that point at the moment. From cases such as Spiers v Maxwell and another recent case, the general understanding is that the court cannot refuse bail unless there is opposition from the Crown.
Official Report Meeting date: 24 January 2006

Enterprise and Culture Committee, 24 Jan 2006

Money Advice Scotland's submission highlights"the importance of understanding discharge from the bankruptcy -v- discharge of responsibility to keep making payments."
Official Report Meeting date: 20 September 2005

Audit Committee, 20 Sep 2005

This 2004-05 section 22 report updates the position and details some recent developments.By way of background, I point out that, in April 2004, Lord Bonomy issued his judgment in the case of Robert Napier v the Scottish ministers. The judgment, which was upheld on appeal, described the triple vices of prison conditions: slopping out, overcrowding and poor r...
Official Report Meeting date: 24 November 2004

Justice 1 Committee, 24 Nov 2004

I am being generous with this debate because of the Pepper v Hart scenario and so that we get you on the record and are clear about what the bill is driving at.
Official Report Meeting date: 9 June 2004

Public Petitions Committee, 09 Jun 2004

We have the human rights aspects to consider and recent case law from the House of Lords—I think it was Begum v Tower Hamlets—suggests that judicial review and a non-full-merits review are perfectly acceptable under human rights legislation.
Official Report Meeting date: 2 September 2003

Justice 2 Committee, 02 Sep 2003

In the recent case of Her Majesty's Advocate v Hampson and others, the Crown sought the common-law powers of the court to make whatever arrangements were deemed suitable.
Official Report Meeting date: 6 June 2002

Social Justice Committee, 06 Jun 2002

It is obviously possible to justify interference with that right.Article 6 requires that in a dispute involving a person's civil rights and obligations, they are entitled to a fair and independent tribunal. A number of cases, such as Airey v Ireland, suggest that there should be some sort of equality of arms in the determination of such disputes.
Official Report Meeting date: 30 October 2001

European Committee, 30 Oct 2001

Those documents are:SP 2225 (EC Ref No 7408/1/01 EUROJUST 7 REV 1)SP 2510 (EC Ref No COM(2001) 309 Volume IV)SP 2513 (EC Ref No COM(2001) 309 Volume I)SP 2514 (EC Ref No COM(2001) 309 Volume II)SP 2516 (EC Ref No COM(2001) 309 Volume VI)SP 2517 (EC Ref No COM(2001) 309 Volume V)SP 2518 (EC Ref No COM(2001) 309 Volume III)SP 2538 (EC Ref No COM(2001) 428)Is ...
Official Report Meeting date: 30 October 2001

European Committee, 30 Oct 2001

Those documents are:SP 2225 (EC Ref No 7408/1/01 EUROJUST 7 REV 1)SP 2510 (EC Ref No COM(2001) 309 Volume IV)SP 2513 (EC Ref No COM(2001) 309 Volume I)SP 2514 (EC Ref No COM(2001) 309 Volume II)SP 2516 (EC Ref No COM(2001) 309 Volume VI)SP 2517 (EC Ref No COM(2001) 309 Volume V)SP 2518 (EC Ref No COM(2001) 309 Volume III)SP 2538 (EC Ref No COM(2001) 428)Is ...
Official Report Meeting date: 15 May 2001

Justice 2 Committee, 15 May 2001

In the Pinochet case, it was left to the national courts, and in the Democratic Republic of the Congo v Belgium case, they sought to use the International Court of Justice.Such differences would not lead to a major diplomatic breakdown.

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