(134)  Human rights and Scots law

The decision in A v Scottish Ministers 2000 SC 1, holding the very first statute passed by the Scottish Parliament, the Mental Health (Public Safety and Appeals)(Scotland) Act 1999, to have been within the legislative competence of the Scottish Parliament and not contrary to art 5 of the ECHR, was affirmed on 15 October 2001 by the Privy Council (see 2001 SLT 1331).  In S v Miller 2001 SLT 141; 2001 SLT 1304, the First Division held that the unavailability of legal aid to the child in children’s hearing proceedings infringed the right to a fair trial but decided not to make a declaration of incompatibility with respect to the relevant legislation (the Legal Aid (Scotland) Act 1986), because it already gave the Scottish Ministers power to deal with the breach and it was their intention to do so.

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