JQ v Procurator Fiscal, Paisley

Criminal procedure – Breach of the peace – Fixed penalty notice. High Court of Justiciary: In relation to a Bill of Suspension in which an appellant, who was issued with a fixed penalty notice for a breach of the peace and had a 'fine' of £60 registered against him for failure to pay the fixed penalty, sought to challenge the compatibility of provisions of the Antisocial Behaviour etc. (Scotland) Act 2004 relating to fixed penalty notices with his rights to a fair trial and to an effective remedy, the court held that a Bill of Suspension was not a competent mode of proceeding and that if the appellant sought to challenge the compatibility of the relevant provisions of the 2004 Act with arts 6 and 13 of the European Convention on Human Rights he could do so in the Court of Session by way of a petition for judicial review.

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