Wednesday, 8 June 2011

The news reports on the Luke Mitchell murder case going to the Supreme Court are ignoring the court change, as always. They are saying that cases in Scotland have a more automatic power to go to the Supreme Court than cases in England and Wales. This is because, in Scotland if you can cite a "devolution issue" of differential treatment of your case because its handling falls under the autonomous powers here, then that makes the case a Supreme Court issue, but in E+W you have to apply to the Court of Appeal for that notorious old formula, leave to appeal, and if they say no you don't get to the Supreme Court.

This is simply not true if the court change is applied, and of course it is illegal to cover up the court change and not apply it. It applies, to all courts in Britain and throughout the Council of Europe countries, since 7 July 1999, as a result of European Court of Human Rights case 41597/98. As ever, see my post of January 10 for details of the court change.

Under the court change, you have an automatic power of fault finding against the reasoning of any legal decision. This is open ended, it goes on for as long as faults and counter-faults can be found in the original decision or in the answers given to faultings.

Therefore, there is no longer such thing as leave to appeal. Which you should trumpet from the rooftops. How more mediaeval could you get than the con and monstrosity to justice that the same courts whose actions were being appealed against could hold a power of decision over whether those cases were allowed to take place?

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