A person would not have a hearing "by an independent and impartial tribunal established by law" where that tribunal was a temporary sheriff, holding office at the pleasure of the Lord Advocate, and who therefore had no security of tenure at all: a temporary sheriff who was not the sheriff presiding should not have allowed a devolution issue to be raised whilst the trial of the accused was part-heard.

HCJ (Lord Cullen LJC, Lord Prosser, Lord Reed)

11/11/1999