Stuart v HM Advocate

Criminal procedure – Leave to appeal. High Court of Justiciary: Refusing an application for leave to appeal to the Supreme Court against a determination of a compatibility issue by two or more judges of the High Court by an applicant who was convicted of a charge libelling that he agreed with others to become involved in serious organised crime, the trial judge having earlier determined a compatibility issue by concluding that his Convention rights had not been breached, the court, while it had reservations as to whether a compatibility issue had been determined by two or more judges of the High Court in this case, considered the merits of the application for permission but was not persuaded that the case raised an arguable point of law of general public importance.

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