Visit JCPCUKSC/2026/0144
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CRIME
Cairns (Appellant) v His Majesty's Advocate (Respondent)
Case summary
Case ID
UKSC/2026/0144
Parties
Appellant(s)
William Cairns
Respondent(s)
The Lord Advocate
Issue
In relation to an appeal by way of case stated against a driving conviction, did the High Court of Justiciary fail to address the appellant’s Devolution Minute?
Facts
On 4 December 2024, after a trial in the Justice of the Peace Court, Mr Cairns was found guilty of “failing to stop” contrary to ss.170(2) and (4) of the Road Traffic Act 1988. He was sentenced to a fine of £500, a victim surcharge of £20 and 5 penalty points endorsed on his driving licence. Mr Cairns, who acts in person, sought leave to appeal to the Sheriff Appeal Court (“SAC”) by way of case stated. At the SAC’s first sift, leave was refused but, at the SAC’s second sift, leave to appeal was granted in respect of one matter only: namely, whether the trial court had adhered to s.179(7) of the Criminal Procedure (Scotland) Act 1995 because the Justice had failed to provide reasons in the stated case for refusing the appellant’s proposed adjustments. One of the grounds refused by the SAC was based on the refusal of the court to consider a devolution minute lodged on 6 January 2026. The SAC ultimately refused Mr Cairns’ appeal on that ground on 23 June 2023 and permission to appeal against that decision was refused by two sifts in the High Court of Justiciary on 10 July 2026 and 4 August 2026. Mr Cairns now seeks permission to appeal to the Supreme Court.
Date of issue
2 October 2026
Case origin
PTA
