[2001] UKPC D 4

Convictions and/or sentences of four defendants prosecuted before temporary sheriffs were quashed as ultra vires and void following the decision in Starrs v Ruxton (2000) JC 208. The right of an accused in criminal proceedings to be tried by an independent and impartial tribunal was one which, unless validly waived by the accused, could not be compromised or eroded.

PC (Sc) (Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Clyde, Lord Scott of Foscote)

24/07/2001