Queen, petitioner

Judicial review – Human Rights – Fixed penalty notice – Right to fair trial – Right to effective remedy. Court of Session: Refusing a judicial review petition by a petitioner who was issued with a fixed penalty notice and had a fine registered against him for failure to pay the fixed penalty, the court rejected contentions that Pt 11 of the Antisocial Behaviour etc (Scotland) 2004 operated in contravention of the right to a fair trial provided for in art 6 of the European Convention on Human Rights and was therefore not law; that that in the event that Pt 11 of the 2004 Act was law the petitioner did not waive his right to be tried by an independent and impartial tribunal.; and that Pt 11 violated his right to an effective remedy under art 13 of the Human Rights Convention.

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