Miller (Appellant) v Her Majesty's Advocate (Respondent) (Scotland)

Case summary

Case ID

UKSC/2009/0125

Parties

Appellant(s)

Ross Miller

Respondent(s)

Her Majesty’s Advocate

Advocate General for Scotland

Intervener(s)

Advocate General for Scotland

Issue

Whether section 45 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 ("the 2007 Act") (increasing the sentencing power of Sheriffs in respect of offences promulgated by, inter alia, road traffic legislation) is within the competence or vires of the Scottish Parliament.

Facts

The Appellant was convicted of various road traffic offences. He was sentenced to a period of imprisonment in excess of the maximum term (six months) which could have been imposed prior to the entry into force of the 2007 Act.

Date of issue

8 April 2009

Linked cases

Judgment details

Judgment date

3 March 2010

Neutral citation

[2010] UKSC 10

Judgment links

Judgment summary

3 March 2010

Appeal

Justices

Hearing dates

Full hearing

Start date

8 December 2009

End date

9 December 2009

Half hearing

Start date

10 December 2009

End date

10 December 2009

Watch hearings

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