We have three major research areas (see below). That refusal on that ground is not challenged.Regulation of intracellular pH, gas channels SLAB refused to grant legal aid on the basis that there was no provision in the legal aid legislation and regulations for legal aid to be granted for such proceedings. An application was made on her behalf to the Scottish Legal Aid Board (“SLAB”) for legal aid to enable her to be represented in the petition proceedings before the sheriff in opposition to the petition for recovery of her medical records based on her right to respect for her private and family life under Article 8 ECHR. Following intimation of the petition on her, the complainer sought legal advice. The sheriff assigned a date in December 2014 for a hearing on that petition. At all events, it is clear that the petition was in fact intimated on all of those parties, including the complainer. The sheriff’s order must be taken as authorising intimation to all of those parties. The petition sought an order for intimation on the Lord Advocate, the Procurator Fiscal, responsible officers within the NHS and other havers, and the complainer.
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In November 2014 the sheriff allowed his petition for commission and diligence – brought in terms of section 301A of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) – to be received and authorised intimation thereof “on all interested parties”. To assist with his defence to the charges brought against him, the accused seeks to recover from the NHS and other havers all medical, psychiatric and psychological records relating to the complainer from 2007 to 2014. To avoid confusion which might arise from the fact that this petition for judicial review involves consideration of a separate petition procedure in the sheriff court, in which the present petitioner is an interested party, I shall refer to her throughout this Opinion as “the complainer”. The petitioner in these judicial review proceedings is the complainer and, no doubt, the principal witness in respect of the first five charges. There are seven charges on the indictment, all containing allegations of assault and domestic abuse in the period from 2008 to 2011. She also seeks declarator that the failure of the Scottish Ministers to promulgate such legislation as may be required to enable her to be represented before the sheriff in opposition to the application for recovery of her medical records is incompatible with, and a breach of, her Convention rights under Article 8 and/or Articles 6 and 14. In this petition the petitioner seeks reduction of that decision. The Scottish Ministers have refused to make legal aid available for this purpose, arguing inter alia that she has no right to be heard or represented in front of the sheriff on that application. She argues that recovery of such documents would infringe her Convention rights to private and family life. The petitioner, a complainer in the criminal proceedings, has applied for legal aid so as to enable her to be represented at a hearing before the sheriff of the accused’s petition for recovery of her medical records. This petition for judicial review arises in respect of criminal proceedings against an accused (“the accused”) brought on indictment in the sheriff court in September 2014. Interveners (Rape Crisis Scotland): Kelly, Ewing, solicitor advocates Balfour + Manson LLP Respondents: C O’Neill, solicitor advocate Scottish Government Legal Directorate Petitioner: Bain QC, C Mitchell Drummond Miller LLP WF FOR JUDICIAL REVIEW OF A DECISION OF THE SCOTTISH MINISTERS TO REFUSE TO MAKE A DETERMINATION FOR LEGAL AID UNDER SECTION 4(2)(C) OF THE LEGAL AID (SCOTLAND) ACT 1986įor judicial review of a decision of the Scottish Ministers to refuse to make a determination for legal aid under section 4(2)(c) of the Legal Aid (Scotland) Act 1986
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Procedures and practices which apply to courts.Only judgments of significant points of law or public interest.Divorce and Dissolution of Civil Partnership.Dealing With a Deceased’s Estate in Scotland.Information on how some court processes work and action you may want to take.Information for those due to attend or visit court.Preliminary Hearings and Dates of Inquiry.Courts, tribunals and Justice organisations in Scotland.