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Millar v Procurator Fiscal

[2002] 3 All ER 1041

Case summary last updated at 07/01/2020 13:03 by the Oxbridge Notes in-house law team.

Judgement for the case Millar v Procurator Fiscal

When the HRA 1998 took effect in Scotland, the High Court ruled that the courts presided over by temporary sheriffs were not independent and impartial per art 6. Those convicted under such courts therefore asked to have their cases retried under impartial courts. Privy Council accepted the convicts’ appeal and said that the right to a fair trial is absolute.

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